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LUJAN v. DEFENDERS OF WILDLIFE

No. 90-1424.

504 U.S. 555 (1992)

LUJAN, SECRETARY OF THE INTERIOR v. DEFENDERS OF WILDLIFE et al.

United States Supreme Court.

Decided June 12, 1992.

Attorney(s) appearing for the Case

Edwin S. Kneedler argued the cause for petitioner. With him on the briefs were Solicitor General Starr, Acting Assistant Attorney General Hartman, Deputy Solicitor General Wallace, Robert L. Klarquist, David C. Shilton, Thomas L. Sansonetti, and Michael Young.

Brian B. O'Neill argued the cause for respondents. With him on the brief were Steven C. Schroer and Richard A. Duncan.*

Scalia, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III-A, and IV, in which Rehnquist, C. J., and White, Kennedy, Souter, and Thomas, JJ., joined, and an opinion with respect to Part III-B, in which Rehnquist, C. J., and White and Thomas, JJ., joined. Kennedy, J., filed an opinion concurring in part and concurring in the judgment, in which Souter, J., joined, p. 579. Stevens, J., filed an opinion concurring in the judgment, p. 581. Blackmun, J., filed a dissenting opinion, in which O'Connor, J., joined, p. 589.

Justice Scalia delivered the opinion of the Court with respect to Parts I, II, III-A, and IV, and an opinion with respect to Part III-B, in which The Chief Justice, Justice White, and Justice Thomas join.

This case involves a challenge to a rule promulgated by the Secretary of the Interior interpreting § 7 of the Endangered Species Act of 1973 (ESA), 87 Stat. 892, as amended, 16 U. S. C. § 1536, in such fashion...

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