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Remedies Keyed to Tabb, 8th
Tennessee Valley Authority v. Hill
Citation:
437 U.S. 153 (1978)Facts
The Tennessee Valley Authority began constructing the Tellico Dam and Reservoir Project in 1967 on the Little Tennessee River after congressional appropriation of initial funds. The multipurpose project was designed to stimulate development, generate electricity, provide recreation and flood control, and improve economic conditions in an economically depressed area. In August 1973, when the project was half completed, a University of Tennessee ichthyologist discovered a previously unknown species, the snail darter, in the portion of the river that would be inundated by the dam. The Endangered Species Act was passed in December 1973. In 1975, the Secretary of the Interior listed the snail darter as endangered and determined that dam completion would destroy its critical habitat. By the time respondents filed suit in February 1976, the project was 80% complete with over $78 million expended. Congress continued appropriating funds for the project annually, with Appropriations Committees expressing views that the Act did not prohibit completion of substantially completed projects.
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