Supreme Court of the United States

Public Lands Council v. Babbitt

May 15, 2000529 U.S. 728

Summary

Justice O'Connor concurred in the Court's opinion, emphasizing that petitioners' facial challenge under the Taylor Grazing Act failed because they did not show how the regulations themselves violated the Act given Secretary assurances. She further noted that the Court's decision did not preclude an administrative procedure act arbitrary and capricious challenge that was not raised before the Court.