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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- BABBITT, SECRETARY OF INTERIOR, et al. v.
- SWEET HOME CHAPTER OF COMMUNITIES
- FOR A GREAT OREGON et al.
- certiorari to the united states court of appeals for
- the district of columbia circuit
- No. 94-859. Argued April 17, 1995-Decided June 29, 1995
-
- As relevant here, the Endangered Species Act of 1973 (ESA or Act)
- makes it unlawful for any person to -take- endangered or threat-
- ened species, 9(a)(1)(B), and defines ``take'' to mean to ``harass,
- harm, pursue,'' ``wound,'' or ``kill,'' 3(19). In 50 CFR 17.3, peti-
- tioner Secretary of the Interior further defines ``harm'' to include
- -significant habitat modification or degradation where it actually
- kills or injures wildlife.- Respondents, persons and entities depen-
- dent on the forest products industries and others, challenged this
- regulation on its face, claiming that Congress did not intend the
- word ``take'' to include habitat modification. The District Court
- granted petitioners summary judgment, but the Court of Appeals
- ultimately reversed. Invoking the noscitur a sociis canon of statu-
- tory construction, which holds that a word is known by the company
- it keeps, the court concluded that ``harm,'' like the other words in
- the definition of ``take,'' should be read as applying only to the
- perpetrator's direct application of force against the animal taken.
- Held: The Secretary reasonably construed Congress' intent when he
- defined ``harm'' to include habitat modification. Pp. 7-21.
- (a) The Act provides three reasons for preferring the Secretary's
- interpretation. First, the ordinary meaning of -harm- naturally
- encompasses habitat modification that results in actual injury or
- death to members of an endangered or threatened species. Unless
- ``harm'' encompasses indirect as well as direct injuries, the word has
- no meaning that does not duplicate that of other words that 3 uses
- to define ``take.'' Second, the ESA's broad purpose of providing
- comprehensive protection for endangered and threatened species
- supports the reasonableness of the Secretary's definition. Respond-
- ents advance strong arguments that activities causing minimal or
- unforseeable harm will not violate the Act as construed in the
- regulation, but their facial challenge would require that the Secre-
- tary's understanding of harm be invalidated in every circumstance.
- Third, the fact that Congress in 1982 authorized the Secretary to
- issue permits for takings that 9(a)(1)(B) would otherwise prohibit,
- ``if such taking is incidental to, and not for the purpose of, the
- carrying out of an otherwise lawful activity,'' 10(a)(1)(B), strongly
- suggests that Congress understood 9 to prohibit indirect as well as
- deliberate takings. No one could seriously request an ``incidental''
- take permit to avert 9 liability for direct, deliberate action against
- a member of an endangered or threatened species. Pp. 7-13.
- (b) The Court of Appeals made three errors in finding that
- ``harm'' must refer to a direct application of force because the words
- around it do. First, the court's premise was flawed. Several of the
- words accompanying ``harm'' in 3's definition of ``take'' refer to
- actions or effects that do not require direct applications of force.
- Second, to the extent that it read an intent or purpose requirement
- into the definition of ``take,'' it ignored 9's express provision that a
- ``knowing'' action is enough to violate the Act. Third, the court em-
- ployed noscitur a sociis to give ``harm'' essentially the same function
- as other words in the definition, thereby denying it independent
- meaning. Pp. 13-14.
- (c) The Act's inclusion of land acquisition authority, 5, and a
- directive to federal agencies to avoid destruction or adverse modifi-
- cation of critical habitat, 7, does not alter the conclusion reached in
- this case. Respondents' argument that the Government lacks any
- incentive to purchase land under 5 when it can simply prohibit
- takings under 9 ignores the practical considerations that purchas-
- ing habitat lands may be less expensive than pursuing criminal or
- civil penalties and that 5 allows for protection of habitat before any
- endangered animal has been harmed, whereas 9 cannot be enforced
- until a killing or injury has occurred. Section 7's directive applies
- only to the Federal Government, whereas 9 applies to ``any person.''
- Pp. 14-15.
- (d) The conclusion reached here gains further support from the
- statute's legislative history. Pp. 16-20.
- 17 F. 3d 1463, reversed.
- Stevens, J., delivered the opinion of the Court, in which O'Connor,
- Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. O'Connor, J.,
- filed a concurring opinion. Scalia, J., filed a dissenting opinion, in
- which Rehnquist, C. J., and Thomas, J., joined.
-