PRESS RELEASE

DEFENDERS OF PROPERTY RIGHTS
Washington, DC

FOR IMMEDIATE RELEASE
March 19, 1997

CONTACT: David W. Almasi
(202) 686-4197

Supreme Court Sides With Property Owners in Major Endangered Species Case

WASHINGTON (DC) - In a unanimous decision, the United States Supreme Court today clarified that the Endangered Species Act's (ESA) "citizen's suit" provision can be used to protect both threatened species and property owners adversely affected by regulations imposed by the government to protect those species.

This decision is a major victory for property owners seeking relief from overburdening federal regulations, but will also be beneficial to endangered species protection over the long term.

The language of the citizen's suit provision of the ESA specifically allows "any person" to bring suit to enforce the Act. In an opinion written by Justice Antonin Scalia, the Court said that the interpretation of the citizen's suit provision should be a two-way street, contrary to previous decisions by lower courts. Scalia wrote, "It is true that the plaintiffs here are seeking to prevent application of environmental restrictions rather than to implement them, but the 'any person' formulation applies."

At issue in the case of Bennett v. Spear (95-813) was the federal Bureau of Reclamation's 1992 rationing of water in the reservoirs of the Klamath project in southern Oregon and northern California. Under the rationing, water for ranchers and farmers was cut off in order to protect the endangered Lost River and short-nosed sucker fishes - incurring an estimated $75 million in damages. When two ranchers and two irrigation districts filed a citizen's suit against the government's actions, they were rejected by both the federal district court and 9th Circuit Court of Appeals for a lack of legal standing. Essentially, they were told the provision was only valid for seeking the further protection of a species.

In a brief amici curiae ("friends of the court") to the Court on this case, Defenders of Property Rights and twenty other concerned organizations pointed out that the ESA was written and amended to both protect endangered species and respect private property rights, and that protecting private property rights and economic interests in private property are an integral part of species protection.

"This is not only a victory for property owners, but a victory for endangered species as well," said Nancie G. Marzulla, president and chief legal counsel of Defenders of Property Rights. "This is because the only way we can protect endangered species is to make sure that the rights of property owners are also protected. This decision makes sure that the interests of both property owners and endangered species are taken into account when enforcing the Act."

Ms. Marzulla and Roger J. Marzulla are the authors of the new book Property Rights: Understanding Government Takings and Environmental Regulation published by Government Institutes Press. Defenders of Property Rights is the also home to the Property Rights Legal Center - the nation's first and only legal intern training center for property rights.

Defenders of Property Rights is a national membership organization dedicated to protecting the rights of private property owners. Defenders engages in litigation across the country affecting the public interest and its membership, vigorously protecting those rights considered essential by the framers of the Constitution.

To arrange an interview on this case or any other property rights issue, please contact Defenders at (202) 686-4197 or write to 6235 33rd Street NW, Washington, DC 20015.

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