Bennett v. Spear (1996)
- Docket
- 95-813
- Decided
- 1996-01-01
Summary
Question: Can private parties who claim they have suffered economic harm from enforcement of the Endangered Species Act sue to reverse regulation? Conclusion: Yes. In the unanimous decision, announced by Justice Antonin Scalia, the Court ruled that the petitioners had standing to ask for judicial review of the minimum water level setting under the Endangered Species Act. The Act explicitly allows "any person" to sue the government over an alleged violation. Justice Scalia asserted this applies to the Secretary's actions over enforcement.