In the case of Bennett v. Spear (520 U.S. 154
(1997)), the Fish and Wildlife Service (FWS) was worried that the operation of
the Klamath Irrigation Project would adversely impact two species of endangered
fish. Pursuant to the Endangered Species Act (ESA), they ordered
several reservoirs to maintain minimum levels of water. Some of the people
downstream, who wanted the water for irrigation sued, claiming that FWS did not
consider their decision's economic impact on the region.
The Trial Court and the Appellate Court dismissed for lack
of standing.
However, the US Supreme Court unanimously reversed, and
found that private parties who claim they suffered economic harm from the
enforcement of the ESA had standing to sue in order to seek reversal of
the decision.