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BENNETT v. SPEAR

No. 95-813.

520 U.S. 154 (1997)

117 S.Ct. 1154

137 L.Ed.2d 281

BENNETT et al. v. SPEAR et al.

Supreme Court of United States.

Decided March 19, 1997.

Attorney(s) appearing for the Case

Gregory K. Wilkinson argued the cause for petitioners. With him on the briefs was William F. Schroeder.

Deputy Solicitor General Kneedler argued the cause for respondents. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Malcolm L. Stewart, Anne S. Almy, Robert L. Klarquist, and Evelyn S. Ying.*

Scalia, J., delivered the opinion for a unanimous Court.

Justice Scalia, delivered the opinion of the Court.

This is a challenge to a biological opinion issued by the Fish and Wildlife Service in accordance with the Endangered Species Act of 1973 (ESA), 87 Stat. 884, as amended, 16 U. S. C. § 1531 et seq., concerning the operation of the Klamath Irrigation Project by the Bureau of Reclamation, and the project's impact on two varieties of endangered fish. The question...

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