Logourl black
From our private database of 14,200+ case briefs...

Bennett v. Spear

United States Supreme Court
520 U.S. 154 (1997)

Facts

Pursuant to the Endangered Species Act of 1973 (ESA), 16 U.S.C. § 1531 et seq., the Bureau of Reclamation (Bureau) notified the Fish and Wildlife Service (FWS) (defendant) that a large land-reclamation program administered by the Bureau in northern California and southern Oregon might adversely affect two endangered species of fish. As required by the ESA, the FWS provided a report (Biological Opinion) that (1) concluded the project might threaten the two endangered species and (2) recommended feasible options for avoiding the threatened harm. The FWS also issued an Incidental Take Statement (ITS) that allowed the Bureau to cause some harm to the endangered species, as long as the Bureau complied with the Biological Opinion’s recommendations. The Bureau agreed to comply with these recommendations. Two Oregon irrigation districts, along with Brad Bennett and other ranchers within those districts (plaintiffs), filed suit against the FWS and various government officials (defendants), alleging that the Biological Opinion was issued in violation of the ESA and the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq. The district court dismissed the complaint, and the court of appeals affirmed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Scalia, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Here's why 252,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 14,200 briefs - keyed to 189 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.