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National Ass'n of Home Builders v. Defenders of Wildlife
''National Assn. of Home Builders v. Defenders of Wildlife'', 551 U.S. 644 (2007), was a United States Supreme Court case about federal jurisdiction over anti-pollution statutes. Justice Samuel Alito wrote the opinion of the Court, holding that the Endangered Species Act did not require the Environmental Protection Agency to apply additional criteria when evaluating a transfer of pollution control jurisdiction under the Clean Water Act. Justices John Paul Stevens and Stephen Breyer wrote dissenting opinions.
==Facts==
The Clean Water Act instructs the Environmental Protection Agency to turn over authority under the National Pollution Discharge Elimination System to a state if that state's proposal meets nine listed criteria. Arizona issued such a proposal. The EPA regional office replied with the concern that the transfer might violate the Endangered Species Act, which prohibits agencies from taking actions that might jeopardize endangered species. The EPA consulted the Fish and Wildlife Service, which advised that the Endangered Species Act was inapplicable because the EPA had no authority to consider additional factors beyond the nine Clean Water Act criteria. On the advice of the Fish and Wildlife Service, the EPA approved the transfer of authority to Arizona.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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