One would be hard pressed to find a statutory provision whose terms any plainer than those in 7 of the Endangered Species Act. Its very words affirmatively command all federal agencies "to insure that actions authorized, funded or carried out by them do not jeopardize the continued existence" of an endangered species or " result in the destruction or modification of habitat of such species." This languge admits of no exception
Concededly,this view of the Act will produce results requiring the sacrifice of the anticipated benefits of the project and of many millions of dollars in public funds. But examination of the language, history and structure of the legislation under review here indicate beyond doubt that Congress intended endangered species to be afforded the highest of priorities.
It is TVA's claim that the Act was not intended to stop operation of a project which, like Tellico Dam, was near completion when an endangered species was discovered in its path. While there is no discussion in the legislative history of precisely this problem, the total of congressional action makes it abundantly clear the result we reach today is wholly in accord with both the word of the statute and the intent of Congress. The plain intent of Congress in enacting this statute was to halt and reverse the trend toward species extinction, whatever the cost. This is reflected not only in the stated policies of the Act, but in literally every section of the statute.
One would be hard pressed to find a statutory provision whose terms any plainer than those in 7 of the Endangered Species Act. Its very words affirmatively command all federal agencies "to insure that actions authorized, funded or carried out by them do not jeopardize the continued existence" of an endangered species or " result in the destruction or modification of habitat of such species." This languge admits of no exception Concededly,this view of the Act will produce results requiring the sacrifice of the anticipated benefits of the project and of many millions of dollars in public funds. But examination of the language, history and structure of the legislation under review here indicate beyond doubt that Congress intended endangered species to be afforded the highest of priorities. It is TVA's claim that the Act was not intended to stop operation of a project which, like Tellico Dam, was near completion when an endangered species was discovered in its path. While there is no discussion in the legislative history of precisely this problem, the total of congressional action makes it abundantly clear the result we reach today is wholly in accord with both the word of the statute and the intent of Congress. The plain intent of Congress in enacting this statute was to halt and reverse the trend toward species extinction, whatever the cost. This is reflected not only in the stated policies of the Act, but in literally every section of the statute.
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