Cappaert v. United States: Oral Argument - January 12, 1976; Oyez

Oyez; Cappaert v. United States

Oral Argument - January 12, 1976

"Warren E. Burger

We will hear arguments next in Nevada against the United States, consolidated with Cappaert against the United States. 

Mr. Lionel, you may proceed when you are ready. 

Samuel S. Lionel

Mr. Chief Justice and may it please the Court. 

This case presents dramatic features of both fact and law, but it can be decided on a narrow basis. 

[Bold added] Factually, this case presents a contest between two endangered species. 

On the one hand, the individual farm operator of the United States whose numbers decline no less than 40% between the years 1959 and 1969 and on the other hand a species of fish known as cyprinodon diabolis."

Against all odds, the rare Devils Hole pupfish keeps on swimming; NPR, July 7, 2023

Nell Greenfieldboyce , NPR; Against all odds, the rare Devils Hole pupfish keeps on swimming

""It was somewhat controversial to start feeding the fish," says Wilson.

The pupfish also enjoy the extra shelter of some plant material that wildlife managers attached to their rocky ledge, to give them increased shade and more options for hiding — because the older fish aren't above eating the young'uns.

"I think society has a duty to protect species that humankind has negatively impacted," says Wilson. He points out that groundwater pumping lowered the water level in Devils Hole, and the top of the pool is about six or eight inches below the historical pre-pumping level.

The Devils Hole pupfish is famous in conservation circles. It was one of the first species to be listed as endangered under the Endangered Species Act. After nearby development threatened to siphon water away from its lonely refuge, lawsuits aimed at saving it went all the way to the U. S. Supreme Court."