National Association of Home Builders v. Defenders of Wildlife — Stevens, J., Dissenting

Summary

Justice Stevens dissents, arguing that the Endangered Species Act applies to all federal agency actions, including mandatory transfers under the Clean Water Act. He contends the majority misinterpreted precedent and regulations to limit the statute's reach to discretionary acts. Stevens would remand the case to EPA for proceedings consistent with the ESA. Justice Breyer joins the dissent, noting implicit limits on discretionary authority.