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PUBLIC LANDS COUNCIL v. BABBITT

No. 98-1991.

529 U.S. 728 (2000)

PUBLIC LANDS COUNCIL et al. v. BABBITT, SECRETARY OF THE INTERIOR, et al.

United States Supreme Court.

Decided May 15, 2000.

Attorney(s) appearing for the Case

Timothy S. Bishop argued the cause for petitioners. With him on the briefs were Steffen N. Johnson and Constance E. Brooks.

Deputy Solicitor General Kneedler argued the cause for respondents. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, David C. Frederick, William B. Lazarus, and John D. Leshy.*

Breyer, J., delivered the opinion for a unanimous Court. O'Connor, J., filed a concurring opinion, in which Thomas, J., joined, p. 750.

Justice Breyer, delivered the opinion of the Court.

This case requires us to interpret several provisions of the 1934 Taylor Grazing Act, 48 Stat. 1269, 43 U. S. C. § 315 et seq. The petitioners claim that each of three grazing regulations, 43 CFR §§ 4100.0-5, 4110.1(a), and 4120.3-2 (1998), exceeds the authority that this statute grants the Secretary of the Interior. We disagree and hold that the three...

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