309. In Babbitt v. Sweet Home, involving logging of areas where the spotted owl nested, the Supreme Court held that
the Endangered Species Act:
a. only applies to the killing or injuries of endangered species
b. only applied to the killing, injuring, or removing of endangered species
c. requires cost-benefit calculation when restrictions on economic activity are proposed to save a specie
d. gave authority to regulate endangered species to the EPA, not the Department of Interior
e. none of the other choices
310. In In re Polar Bear Endangered Species Act Listing, the listing of the polar bear as a threatened specie was
challenged. It is not endangered today but could be in the future. The listing by the Fish and Wildlife Service
(FWS) was attacked as arbitrary and capricious. The appeals court held that:
a. courts may not review decisions of the FWS regarding such listings
b. the listing was proper as FWS explalined its rationale sufficiently
c. the listing was improper because the FWS failed to show that its survival was in danger unless very strange
assumptions were made
d. the listing was arbitrary and capricious as the FWS failed to justify its decision based on scientific evidence
e. none of the other choices