Babbitt. Sweet Home, 515 US 687 (1995)
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Spotted Owl Case
Classic question of agency interpretation of a
broad delegation of authority
Does the statutory prohibition on the taking of
endangered animals include destroying their
habitat so that it causes direct injury to the
endangered animals?
Majority Opinion
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Focuses on the broad powers given the secretary
of the interior
Looks at the intent of congress to protect the
animals
Finds that the secretary's interpretation of
protecting the animals includes protecting the
environment is reasonable
Dissent - Scalia
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Scalia, the hunter, reads the statute literally:
 Taking means shooting them, putting them in
the pot, eating them.
 At least, taking means directly takings actions
against the animals, not the environment
Makes the economic argument that this was level
of disruption was not intended by congress
Says congress can by the land if it wants to
protect the habitat
What is the Balancing by Congress?
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What was the endangered species act intended to
protect?
 What does it usually protect?
 Would Congress have passed a law to protect
these?
What about environment?
Why hasn't congress "fixed" the act to overturn
this ruling?
MCI Telecommunications Corp. v. American Tel.
& Tel. Co., 512 U.S. 218 (1994)
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FCC case
Agency modified tariff system (rate approval system) to
exclude smaller carriers
Majority said this failed Chevron I
 The act exceeded the agency's statutory powers
The dissent saw this as just another interpretation
problem
 Valid under the power to improve competition
Public Citizen v. Young, 831 F.2d 1108,
(D.C.Cir. 1987)
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The Delaney Clause
Can the FDA create a de minimis test to all the use
of food additives that do not satisfy the Delaney
Clause?
Delaney Clause
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What does the legislative history show about the
congressional intent for the Delaney Clause?
Why would Congress adopt this standard?
Is it scientifically absurd?
 Peanut butter
 Most plants
Given this intent, what must the court rule?
 Must these dyes be immediately banned?