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BABBITT v. SWEET HOME CHAPTER, COMMUNITIES FOR GREAT OREGON

No. 94-859.

515 U.S. 687 (1995)

BABBITT, SECRETARY OF INTERIOR, et al. v. SWEET HOME CHAPTER OF COMMUNITIES FOR A GREAT OREGON et al.

United States Supreme Court.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Deputy Solicitor General Kneedler argued the cause for petitioners. With him on the briefs were Solicitor General Days, Assistant Attorney General Schiffer, Beth S. Brinkmann, Martin W. Matzen, Ellen J. Durkee, and Jean E. Williams.

John A. Macleod argued the cause for respondents. With him on the brief were Steven P. Quarles, Clifton S. Elgarten, Thomas R. Lundquist, and William R. Murray.*

Stevens, J., delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. O'Connor, J., filed a concurring opinion, p. 708. Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and Thomas, J., joined, p. 714.

Justice Stevens delivered the opinion of the Court.

The Endangered Species Act of 1973 (ESA or Act), 87 Stat. 884, 16 U. S. C. § 1531 (1988 ed. and Supp. V), contains a variety of protections designed to save from extinction species that the Secretary of the Interior designates as endangered or threatened. Section 9of the Act makes it unlawful for any person to "take" any endangered or threatened species. The Secretary...

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