this case involved the application of the Endangered Species act of 1973 to a nearly completed $100 million dam on the Little Tennessee River. the dam would have endangered the survival of the snail darter,a previously unknow species of perch which was discovered after litigation over the dam had already begun. there are approximately 130 known species of darters.
the district court declined to enjoin construction of the dam, largely because Congress had continued to appropriate money for the dam despite the snail darter problem, and also because the dam was so near completion. the court of appeals reversed, and the Supreme court granted the goverment's petition for certiorari.
Chief Justice Burger:
it may seem curious to some that the survival of a relatively small number of threeinch fish among all the countless million of species extant would require the permanent halting of a virtually completed dam for which congress has expended more than $100 million. The paradox is not minimized by the fact that congress continued to appropriate committees were apprised of its apparent impact upon the survival of the snail darter. we conclude, however, that the explicit provision of Endangered Species Act require precisely that result.
One would be hard pressed to find a statutory provision whose terms were any plainer than those in $ 7 of the Endangered Species Act. It's 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" 16 U.S.C.A. $ 1536 (Emphasis added) This language b
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 words 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. All persons, including federal agencies, are specifically instructed not to “take” endangered species, meaning that no one is “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect” such life forms. Agencies in particular are direct by the Act to “use all methods and procedures which are necessary” to preserve endangered species.
this case involved the application of the Endangered Species act of 1973 to a nearly completed $100 million dam on the Little Tennessee River. the dam would have endangered the survival of the snail darter,a previously unknow species of perch which was discovered after litigation over the dam had already begun. there are approximately 130 known species of darters. the district court declined to enjoin construction of the dam, largely because Congress had continued to appropriate money for the dam despite the snail darter problem, and also because the dam was so near completion. the court of appeals reversed, and the Supreme court granted the goverment's petition for certiorari.Chief Justice Burger: it may seem curious to some that the survival of a relatively small number of threeinch fish among all the countless million of species extant would require the permanent halting of a virtually completed dam for which congress has expended more than $100 million. The paradox is not minimized by the fact that congress continued to appropriate committees were apprised of its apparent impact upon the survival of the snail darter. we conclude, however, that the explicit provision of Endangered Species Act require precisely that result. One would be hard pressed to find a statutory provision whose terms were any plainer than those in $ 7 of the Endangered Species Act. It's 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" 16 U.S.C.A. $ 1536 (Emphasis added) This language b 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 words 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. All persons, including federal agencies, are specifically instructed not to “take” endangered species, meaning that no one is “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect” such life forms. Agencies in particular are direct by the Act to “use all methods and procedures which are necessary” to preserve endangered species.
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