Environmental Protection Agency v. Defenders of Wildlife et al.

Questions presented

SCOTUS records, cert granted 5 Jan 2007

Whether Section 7(a)(2) of the Endangered Species Act of 1973, 16 U.S.C. 1536(a) (2), which requires each federal agency to insure that its actions do not jeopardize the continued existence of a listed species or modify its critical habitat, overrides statutory mandates or constraints placed on an agency’s discretion by other Acts of Congress.

Opinion summary

Etalia.ai summary of the majority opinion

The case involved a dispute over the Environmental Protection Agency's (EPA) authority under the Clean Water Act and its compliance with the Endangered Species Act. The EPA had transferred certain water pollution control responsibilities to Arizona, which prompted Defenders of Wildlife and other environmental groups to challenge this action. They argued that such transfers should require consultation with wildlife agencies due to potential impacts on endangered species. The Supreme Court held that the transfer of permitting authority did not necessitate additional consultations under Section 7(a)(2) of the Endangered Species Act because it was not an 'agency action' as defined by law in this context. This decision clarified how federal agencies must consider their obligations towards endangered species when delegating regulatory powers.