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Snail darter controversy


The snail darter controversy involved the delay of the construction of the Tellico Dam on the Little Tennessee River in 1973. On August 12, 1973, University of Tennessee biologist and professor David Etnier discovered the snail darter in the Little Tennessee River while doing research related to a lawsuit involving the National Environmental Policy Act (NEPA). The lawsuit stated that the Tellico Reservoir, to be created by Tellico Dam, would alter the habitat of the river to the point of wiping out the snail darter. The NEPA lawsuits slowed the construction of the Tellico Dam but did not stop it.

The United States Congress had been inconsistent regarding the snail darter and the Endangered Species Act. Appropriations committees in both the House and Senate had taken a strong position against the snail darter. A 1977 Senate Appropriations Committee report stated:

This committee has not viewed the Endangered Species Act as preventing the completion and use of these projects which were well under way at the time the affected species were listed as endangered. If the act has such an effect, which is contrary to the Committee’s understanding of the intent of Congress in enacting the Endangered Species Act, funds should be appropriated to allow these projects to be completed and their benefits realized in the public interest, the Endangered Species Act not withstanding.

The case eventually reached the U.S. Supreme Court. In Tennessee Valley Authority v. Hill, 437 U.S. 153 (1978), Chief Justice Warren Burger wrote for the majority. The court replied to the Tennessee Valley Authority's arguments and expanded on its decision:


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