July 10, 2007
The Endangered Species Act
After NAHB v. Defenders of Wildlife
On June 25, the Supreme Court held in National Association of Home Builders v. Defenders of Wildlife that the Endangered Species Act did not add an additional criterion to consider when the U.S. EPA is delegating authority to states to implement the national pollutant discharge elimination system permit program. In a contentious 5-4 decision, Justices gave very different reasons for deciding which statute should prevail when Congress had failed to provide a clear directive on seemingly conflicting requirements.
What will the decision mean moving forward for implementation of the ESA’s review requirements? Does the decision create significant gaps in the ESA? Does it streamline EPA and other agencies’ procedures to reduce duplicative review?
Steven Quarles, Partner, Crowell & Moring LLP
Duane Desiderio, Vice President, Legal Affairs, National Association of Home Builders
Robert Irvin, Senior Vice President, Conservation Programs, Defenders of Wildlife
John Kostyack, Senior Counsel, National Wildlife Federation
Roger Martella, General Counsel, Office of General Counsel, U.S. Environmental Protection Agency