Bennett

This case requires us to determine whether plaintiffs who assert no interest in preserving endangered species may sue the government for violating the procedures established in the Endangered Species Act. We conclude that they may not.

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The plaintiffs are two Oregon ranch operators and two irrigation districts located in that state. They challenge the government’s preparation of a biological opinion which concludes that the water level in two reservoirs should be maintained at a particular minimum level in order to preserve two species of fish. The plaintiffs, who make use of the reservoir water for commercial (and recreational) purposes, bring this action under the Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq., the Administrative Procedure Act (APA), 5 U.S.C. § 701 et seq., and the National Environmental Policy Act (NEPA), 42 U.S.C. § 4332 (2)(C).

The two reservoirs in question are part of the federal government’s Klamath Project, which the Bureau of Reclamation administers. The Bureau concluded that the long term operation of the Klamath Project might adversely affect two species of fish: the Lost River and shortnose suckers. Pursuant to the requirements of the…