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Bennett v. Spear

Supreme Court of the United States · Constitutional Law

Constitutional LawStandingAdministrative LawEndangered Species ActArticle IIIinjury in factfairly traceableredressability

Facts

The Fish and Wildlife Service issued a Biological Opinion concluding that long-term operation of the Klamath Project was likely to jeopardize two endangered sucker fish and identified reasonable and prudent alternatives, including minimum water levels in Clear Lake and Gerber reservoirs. The Bureau of Reclamation later stated it intended to operate the project in compliance with that Biological Opinion. Petitioners, who receive Klamath Project water, alleged the Bureau had long operated the project in the same manner, that the biological opinion lacked scientific support, and that the imposed water restrictions would substantially reduce available irrigation water and harm their recreational, aesthetic, commercial, and irrigation interests. Their complaint asserted ESA § 1536 claims, a § 1533 critical-habitat-related claim, and parallel APA arbitrariness claims.

Issue

Whether petitioners had standing to challenge the Biological Opinion despite asserting primarily economic interests, whether their claims were reviewable under the ESA citizen-suit provision or the APA, and whether the Biological Opinion constituted final agency action for APA review. The case also asked whether petitioners satisfied Article III standing requirements.

Rule

The ESA citizen-suit provision's authorization that "any person may commence a civil suit" negates the ordinary zone-of-interests limitation for claims brought under that provision. For APA claims, the zone-of-interests inquiry looks to the particular statutory provision allegedly violated, not the overall purpose of the statute; interests in avoiding needless economic dislocation can fall within ESA § 1536's requirement that agencies use the best scientific and commercial data available. A Biological Opinion accompanied by an Incidental Take Statement is final agency action when it marks the consummation of the agency process and alters the legal regime by producing legal consequences for the action agency.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Idaho, a federal wildlife office issues a decision that leads a reclamation bureau to reserve more river water for a listed mussel species. A group of orchard owners from Twin Falls sues the Secretary under the ESA citizen-suit provision, alleging the restrictions will cut irrigation deliveries and reduce crop revenue. The government argues their interests are purely economic and therefore outside the statute's zone of interests.

How should the court rule on the government's zone-of-interests argument as to the ESA citizen-suit claim?

Explanation. The majority held that the ESA citizen-suit provision's unusually broad authorization allowing "any person" to commence suit expands standing beyond the ordinary prudential zone-of-interests limit. That expansion is not confined to environmentalist plaintiffs. Thus plaintiffs asserting economic harms are not barred from bringing claims under the ESA citizen-suit provision on zone-of-interests grounds. (Derived from Bennett v. Spear (n.d.).)