Cengage Advantage Books: Foundations of the Legal Environment of Business 2nd Edition by Marianne Jennings, Albert Napier, Marianne Jennings

Exercise 5

The Tennessee Valley Authority (TVA) proposed the construction of Tellico Dam. If the dam is constructed, the known population of snail darters will be eradicated. A snail darter is a three-inch-long fish protected by the Endangered Species Act, which requires all federal agencies (such as the TVA) not to fund, authorize, or carry out projects that would jeopardize the continued existence of an endangered species. At the time an environmental group brought the issue to light, the TVA had already expended $100 million in the construction of the dam, which would bring great economic benefits to the area. What factors are important in resolving such a dispute? Is it a matter of the significance of the species? Should an EIS have discussed this problem? [ Tennessee Valley Authority v Hill, 437 U.S. 153 (1978)]