The Supreme Court released another major environmental decision Monday, National Association of Home Builders v. Defenders of Wildlife (NAHB). As in Massachusetts v. EPA, environmentalist groups sought to expand the scope of a major environmental law, over the opposition of the Environmental Protection Agency. Also like Mass v. EPA, the Court split 5-4. Unlike Mass. v. EPA, however, the EPA and industry groups won while the environmentalist groups lost.
NAHB centered on whether the Endangered Species Act requirement that federal agencies consult with the Fish & Wildlife Service (or National Marine Fisheries Service) to insure that agency actions not threaten endangered and threatened species applies to non-discretionary agency actions. At issue was the EPA