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26 REFLECTIONS ON THE ACT <br />pest and drought resistance of our crops, discover new medi- <br />cines for the conquest of disease, and make other advances vital <br />to our welfare. Living wild species are like a library of books still <br />unread. Our heedless destruction of them is akin to burning that <br />library without ever having read its books. The Endangered <br />Species Act is the means by which we seek to avoid complicity in <br />that senseless destruction. <br />Some people in 1973, and unfortunately still some today, be- <br />littlethe goals of this great act by belittling the species it seeks to <br />protect. How easy it is to dismiss the protection of a fish, a <br />mollusk, even a plant, as a frivolity, an example of foolish envi- <br />ronmental excess. But who will belittle the lowly mold from <br />which the wonder drug penicillin was discovered? Who will <br />belittle the rosy periwinkle, a species of African violet? Had it <br />been allowed to become extinct, we would be without the drug <br />that has made it possible for most victims of childhood leukemia <br />to survive that dread disease. Preventing the extinction of our <br />fellow creatures is neither frivolous nor foolish. It is the means <br />by which we keep intact the great storehouse of natural trea- <br />sures that make the progress of medicine, agriculture, science, <br />and human life itself possible. <br />The Endangered Species Act, like our United States Constitu- <br />tion, was written as a flexible document, but durable enough to <br />withstand the evolutionary alterations that have since occurred. <br />Yet in 1978 the ESA, belittled and nearly eradicated, withstood <br />harsh attacks through negotiations between environmentalists <br />and industry. The construction of the Tellico Dam project in the <br />Tennessee Valley Authority (TVA) system was near completion <br />when in 1977 it was halted because of a rare fish called the snail <br />darter. Before its construction, the dam had repeatedly been the <br />subject of attack from the area's property owners concerned <br />about the impact of the dam on property values and actual -land <br />possession. The 1973 discovery of the rare snail darter in waters <br />of the Tellico project, and its subsequent listing as an endan- <br />gered species, resulted in litigation to stop construction. In Jan- <br />uary 1977, the Sixth Circuit U.S. Court of Appeals upheld the <br />operation of the act and halted dam construction. The Tellico <br />developers, outraged that their project could be ended because <br />of a conflict with an endangered species, appealed the case to <br />the United States Supreme Court. After much deliberation, the <br />