SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Popper
Bennett v. Spear
Citation:
520 U.S. 154 (1997)Facts
The Klamath Project is a series of lakes, rivers, dams, and irrigation canals in Oregon and California operated by the Bureau of Reclamation. In 1992, the Bureau consulted with the Fish and Wildlife Service about the project’s impact on two endangered fish species. The Service issued a biological opinion concluding that long-term operation of the project would jeopardize the species and recommended maintaining minimum water levels in two reservoirs. The petitioners, who included two Oregon irrigation districts and two ranchers who receive water from the project, filed suit challenging the biological opinion. They alleged that the restrictions on water delivery would cause economic harm to agricultural users and were based on flawed scientific data and analysis, violating the ESA’s requirement that biological opinions use the “best scientific and commercial data available.”
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.