Bennett v. Spear, 520 U.S. 154, 3 (1997)

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156

BENNETT v. SPEAR

Syllabus

under § 1533. Their § 1536 claims are obviously not reviewable under subsection (C), however. Nor are they reviewable under subsection (A), which authorizes injunctive actions against any person "who is alleged to be in violation" of the ESA or its regulations. Viewed in the context of the entire statute, subsection (A)'s reference to any ESA "violation" cannot be interpreted to include the Secretary's maladministration of the Act. The § 1536 claims are nonetheless reviewable under the APA. The ESA does not preclude such review, and the claim that petitioners will suffer economic harm because of an erroneous jeopardy determination is plainly within the zone of interests protected by § 1536, the statutory provision whose violation forms the basis for the complaint, see Lujan v. National Wildlife Federation, 497 U. S. 871. In addition, the Biological Opinion constitutes final agency action for APA purposes. It marks the consummation of the agency's decisionmaking process, Chicago & Southern Air Lines, Inc. v. Waterman S. S. Corp., 333 U. S. 103, 113. It is also an action from which "legal consequences will flow," Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget Transatlantic, 400 U. S. 62, 71, because the Biological Opinion and accompanying Incidental Take Statement alter the legal regime to which the Bureau is subject, authorizing it to take the endangered species if (but only if) it complies with the prescribed conditions. Franklin v. Massachusetts, 505 U. S. 788, and Dalton v. Specter, 511 U. S. 462, distinguished. Pp. 166-179. 63 F. 3d 915, reversed and remanded.

Scalia, J., delivered the opinion for a unanimous Court.

Gregory K. Wilkinson argued the cause for petitioners. With him on the briefs was William F. Schroeder.

Deputy Solicitor General Kneedler argued the cause for respondents. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Malcolm L. Stewart, Anne S. Almy, Robert L. Klarquist, and Evelyn S. Ying.*

*Briefs of amici curiae urging reversal were filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, Roderick E. Walston, Chief Assistant Attorney General, Charles W. Getz IV, Assistant Attorney General, and Linus Masouredis, Deputy Attorney General, and by the Attorneys General for their respective States as follows: Bruce M. Botelho of Alaska, Grant Woods of Arizona, Winston Bryant of Arkansas, Gale A. Norton of Colorado, Margery S. Bronster of

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