Supreme Court of the United States
National Association of Home Builders v. Defenders of Wildlife — Breyer, J., Dissenting
June 25, 2007551 U.S. 644
Summary
Justice Breyer dissents, arguing that Section 7(a)(2) of the Endangered Species Act applies to all federal agency actions, including the EPA’s transfer of NPDES permitting authority under the Clean Water Act, even if the action is nondiscretionary. He contends that Congress intended endangered species to be afforded the highest priority over federal agencies’ primary missions and cites TVA v. Hill to support the claim that Section 7 admits of no exception. Justice Breyer joins Justice Stevens’ dissent, which emphasizes statutory reconciliation and the discretionary nature of the EPA transfer.