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Last modified
7/14/2009 5:02:30 PM
Creation date
5/20/2009 5:14:13 PM
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UCREFRP
UCREFRP Catalog Number
7393
Author
Harrington, W.
Title
Endangered Species Protection and Water Resource Development.
USFW Year
1980.
USFW - Doc Type
LA-8278-MS,
Copyright Material
NO
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<br />found that the defendants had failed to ensure that their actions <br />would not adversely affect the crane's habitat and granted an injunc- <br />tion preventing further construction. The highway was completed <br />after the defendants made changes suggested by the Fish and Wildlife <br />Service. <br />3. Indiana bat. In Sierra Club v. Froehlke,* an injunction was sought <br />to prevent construction of the Miramec Park Lake Dam in Missouri, <br />which would flood the caves inhabited by the Indiana bat. The Appeals <br />Court refused to grant the injunction arguing that the plaintiffs <br />failed to demonstrate that the existence of the Indiana bat would be <br />jeopardized.** <br />4. Snail darter. Plaintiffs sought an injunction against the completion <br />of TVA's Tellico Dam in Tennessee on the grounds that it would cause <br />the extinction of the snail darter by flooding its only known habitat <br />in the Little Tennessee River, the only place where the snail darter <br />was known to exist. This case went to the Supreme Court, which ruled <br />in Hill v. TVA,*** that the protection afforded endangered species by <br />Section 7 was not affected by the fact that Congress had subsequently <br />appropriated the funds for the completion of the project. The furor <br />that arose after the injunction was granted influenced the 1978 <br />Amendments to the Endangered Species Act, which specified that the <br />Tellico project be reviewed by a cabinet-level panel for possible <br />exemption. This panel found that the estimated benefits from the <br />completion of the dam did not justify the cost of finishing it and <br />failed to grant an exemption (see Sec. C). <br />5. Furbish lousewort. This variety of snapdragon was discovered by the <br />US Corps of Engineers during the preparation of the draft EIS for the <br />Dickey-Lincoln project, a planned hydroelectric project on the St. <br /> <br />*392 F. Supp. 130 (E.D. Mo. 1975), 534 F. 2d 1303 (8th Cir., 1976). <br /> <br />**The Supreme Court, in its decision in Hill v. TVA, expressly disallowed the <br />kind of balancing approach employed by the Eighth Circuit in- this case. See <br />Stromberg (1978). <br /> <br />***419 F. Supp. 753 (E.D. Tenn. 1976), 549 F. 2d 1064 (6th Cir. 1977), 8 ELR <br />20513 (1978). <br /> <br />14 <br />
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