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The Snail Darter Case

Author : Kenneth M. Murchison
ISBN : UOM:39015073644042
Genre : Law
File Size : 57. 33 MB
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With the discovery of a tiny fish in a soon-to-be-flooded stretch of the Little Tennessee River, construction on a dam that had already cost taxpayers $100 million came crashing to a halt. Thanks to the Endangered Species Act of 1973, the snail darter was instantly transformed into both an icon for species preservation and a despised symbol of the environmental movement's alleged excesses. The intense legal battle that ensued over its fate was contested all the way to the Supreme Court. The 1978 decision in TVA v. Hill, the Court's first decision interpreting the Endangered Species Act, remains one of the most instructive cases in American environmental law. Affirming an injunction that prohibited the Tennessee Valley Authority from completing the Tellico Dam because it would eliminate the snail darter's only known habitat, the Supreme Court resolved an intragovernmental dispute between the TVA and the Interior Department as well as the claims of the local opponents of the dam. Kenneth Murchison reveals that the snail darter case was just one part of a long struggle over whether the TVA should build the Tellico Dam. He traces disputes over the TVA's mission back to the 1930s and intertwines this with the emergence of federal environmental law in the 1960s and 1970s, culminating in the National Environmental Policy Act and Endangered Species Act, both of which provided a statutory basis for litigating against the dam builders. He continues with an exhaustive analysis of the arguments, deliberations, and decision of the Supreme Court, based largely on original sources, before concluding with a summary of the subsequent congressional actions and administrative proceedings that ultimatelyallowed the dam's completion. By plumbing the Court's deliberations, the politics behind the law, and the way that law spurred political responses, Murchison clarifies how the story of darter and dam came to exemplify the tensions and conflict between legislative and judicial action. Even though its players were left with only partial victories, TVA v. Hill helped to define the modern role of the TVA and remains an important chapter in the development of federal environmental law. Murchison helps us better understand this landmark decision, which drew the battle lines for current debates over the environment and the policies that protect or regulate its use.

American Book Publishing Record

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ISBN : UOM:39015066180442
Genre : American literature
File Size : 57. 90 MB
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Program

Author : Organization of American Historians. Meeting
ISBN : UCSC:32106020343247
Genre : Historians
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Oah Annual Meeting

Author : Organization of American Historians. Meeting
ISBN : IND:30000111022061
Genre : Historians
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Political Science Quarterly

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ISBN : UCBK:C095176198
Genre : Social sciences
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The Southern Historian

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ISBN : WISC:89102498144
Genre : History
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Aba Journal

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

The Technology Review

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ISBN : UOM:39015007193140
Genre : Technology
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Contract Abstracts

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ISBN : NWU:35556017413303
Genre : Archaeology
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1979 Year Book Covering The Year 1978

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