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UCREFRP
UCREFRP Catalog Number
7749
Author
Kohm, K. A., ed.
Title
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USFW Year
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USFW - Doc Type
1991
Copyright Material
YES
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32 REFLECTIONS ON THE ACT <br />regulations by means of which the act would be executed. A new <br />body of regulatory direction had to be developed, a chore that <br />took many months and through which the real strength of the <br />act was revealed. Gradually it became evident that the ordinary <br />course of federal business would never be the same as the inten- <br />tions of the act and the reality of the regulations were felt on a <br />day-to-day basis. <br />The real strength of the act, however, did not become evident <br />until the tiny snail darter illuminated the issue. The Tellico Dam <br />project was well under way when a citizens' group filed a law- <br />suit to require the TVA to comply with the Endangered Species <br />Act in order to protect the snail darter. Ultimately the suit <br />resulted in a U.S. Supreme Court determination which declared <br />that if a project jeopardized a properly listed species, the project <br />must give way to the organism in jeopardy. <br />Only a new law could change that. A modification of the ESA <br />was sought immediately, stimulating a rash of proposals and <br />modifications of the statute. During rounds of congressional <br />hearings, many legislators came forward to say they did not <br />know this new act would protect everything; they thought they <br />were voting for legislation to protect eagles, bears, and whoop- <br />ing cranes. They professed not to understand at the time of <br />passage that this law might raise questions about irrigation <br />projects, timber harvests, the dredging of ports, or the genera- <br />tion of electricity. In short, the gap between ideology and actual <br />behavior began to widen. <br />As the debate raged on, a few recommendations began to <br />emerge. It was finally concluded that the act should be changed <br />to provide for a special review of conflicts like the Tellico Dam <br />issue. An amendment providing for the appointment of a special <br />review committee was passed (including an important proviso <br />that key members could not delegate their responsibilities as <br />reviewers). Such a committee was convened to study the Tellico <br />situation. After examining information related to the snail dar- <br />ter controversy, the committee found the Tellico Dam project <br />without convincing merit and determined that it could not be <br />allowed to eliminate the snail darter. This decision was followed <br />almost immediately, however, by a skillful application of parlia- <br />mentary procedures in Congress. As a result, the Tellico Dam <br />project was exempted from all provisions of the act. <br />
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