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7/14/2009 5:01:46 PM
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UCREFRP
UCREFRP Catalog Number
7749
Author
Kohm, K. A., ed.
Title
Editor
USFW Year
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USFW - Doc Type
1991
Copyright Material
YES
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The Act's History and Framework 17 <br />Despite the alleviation of certain burdensome listing require- <br />ments, an enormous backlog of species has developed in the <br />listing process. By 1988, more than 3,000 species had become <br />stuck in the listing pipeline.$ To prevent candidate species from <br />further population reductions or even extinction, Congress once <br />again amended the listing program in 1988 to require the inte- <br />rior secretary to monitor the status of candidate species and, if <br />necessary, make use of emergency listing powers. <br />Interagency Consultation <br />One of the most far-reaching provisions of the Endangered Spe- <br />cies Act is its requirement that federal agencies and depart- <br />ments through their own actions or actions funded or permitted <br />by them must not jeopardize the continued existence of a listed <br />species or its habitat.9 To fulfill their duties under Section 7, <br />agencies planning actions in an area used by an endangered or <br />threatened species must consult with either the Fish and Wild- <br />life Service or the National Marine Fisheries Service. <br />The underlying power of this provision was not fully recog- <br />nized until the landmark decision in TVA v. Hill. Plaintiffs <br />sought to stop construction of amultimillion-dollar dam pro- <br />posed by Tennessee Valley Authority by charging that it jeopar- <br />dized the last remaining habitat of the endangered snail darter. <br />The case went all the way to the Supreme Court, which ruled <br />that the act, as written, holds endangered species protection <br />above all other considerations. That decision prompted Con- <br />gress to take a second look at Section 7 in 1978. The basic <br />mandate of Section 7, however, survived the political onslaught. <br />A compromise was forged whereby a committee (nicknamed the <br />"God Committee") was established to review applications for <br />exemptions to Section 7. To grant such an exemption, the com- <br />mittee must determine that no "reasonable and prudent" alter- <br />natives exist to the agency's proposed activity-and that the <br />benefits of the action clearly outweigh preservation of the en- <br />dangered species it threatens. To date, few agencies have opted <br />to put a project to this test. <br />In addition to creating the exemption process, the 1978 <br />amendments formalized the consultation process. In response to <br />the TVA controversy, Congress also prohibited the "irrevers- <br />
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