Bennett v. Plenter (1995)

But see Bennett v. Plenert, 63 F.3d 915 (9th Cir. 1995) (applying "zone of interest” test of prudential standing to plaintiffs bringing suit under the ESA). 12 .

It held that the “zone of interests” test limits the class of persons who may obtain judicial review not only under the APA, but also under the citizen-suit provision of the ESA, 16 U. S. C. § 1540 (g), and that “only plaintiffs who allege an interest in the preservation of endangered species fall within the zone of interests protected by the ESA,” 63 F. 3d, at 919 (emphasis in original).

The Court of Appeals affirmed the District Court's dismissal of the complaint for lack of jurisdiction, reasoning that "only plaintiffs who allege an interest in the preservation of endangered species fall within the zone of interests protected by the ESA." Id. (quoting Bennett v. Plenert, 63 F.3d 915, 919 (9th Cir. 1995)).

The Court of Appeals affirmed the District Court's dismissal of the complaint for lack of jurisdiction, reasoning that "only plaintiffs who allege an interest in the preservation of endangered species fall within the zone of interests protected by the ESA." Id. (quoting Bennett v. Plenert, 63 F.3d 915, 919 (9th Cir.1995)).

Id. at 919-20 (emphasis added).

The statute contains two 21 provisions; 1) the party claiming the right to sue must identify some “agency action” that 22 affects him or her in the proscribed manner, and 2) the party seeking review must 23 demonstrate that he or she has suffered a “legal wrong” due to the challenged action, or 24 has been “adversely affected or aggrieved” within the meaning of the pertinent statute. 25 Lujan v. National Wildlife Federation, 497 U.S. 871, 882-83 (1990). “[A] plaintiff 26 see…

Pacific Northwest Generating Cooperative v. Brown, 38 F.3d 1058, 1065 (9th Cir.1994) (legitimate interest in preserving mink species even for economic purposes is within “zone of interests” of the ESA); Bennett v. Plenert, 63 F.3d 915, 919 (9th Cir.1995) (only plaintiffs who allege an interest in the preservation of endangered species fall within the zone of interests protected by the ESA).

See Bennett v. Plenert, 63 F.3d 915, 921-22 (9th Cir.1995), cert. granted, — U.S. -, 116 S.Ct. 1316 , 134 L.Ed.2d 469 (1996).

See Bennett v. Plenert, 63 F.3d 915, 921 (9th Cir. 1995), overruled on other grounds, Bennett v. Spear, — U.S. -, 117 S.Ct. 1154 , 137 L.Ed.2d 281 (1997).

See Bennett v. Plenert, 63 F.3d 915, 921 (9th Cir.1995), overruled on other grounds, Bennett v. Spear, --- U.S. ----, 117 S.Ct. 1154 , 137 L.Ed.2d 281 (1997).

See also Bennett v. Plenert, 63 F.3d 915, 920 (9th Cir. 1995) (denying APA standing because plaintiffs' claims were marginally related to and inconsistent with the purposes of the Endangered Species Act). 6 .