Supreme Court Protects Snail Darter From TVA; Congress Poised to Weaken Endangered Species Act
The United States Supreme Court's recent decision to affirm an injunction preventing completion of the Tellico Dam is a classic example of judicial adherence to strict statutory construction. In Tennessee Valley Authority v. Hill,1 the High Court read the Endangered Species Act2 to require that the $100 million federal project to stopped because it would extinguish the endangered snail darter, a small fish found only in that of the Little Tennessee River to be flooded by the dam. The decision may prove a Pyrrhic victory for environmentalists, however, for it has renewed congressional efforts to amend the Act and thereby weaken the national commitment to strong environmental protection that the law embodies.