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Please refer to “Case Study: The Endangered Snail Darter” on pages 78-79 of the textbook, and the following information.
The Endangered Species Act of 1973 (ESA or the Act) authorizes the Secretary of the Interior (Secretary) to declare a species of life “endangered.” Section 7 of the Act specifies that all “Federal departments and agencies shall, . . . with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of [the] Act by carrying out programs for the conservation of endangered species . . . and by taking such action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of such endangered species and threatened species or result in the destruction or modification of habitat of such species which is determined by the Secretary . . . to be critical.”
As you consider the case study, please keep in mind that the Tennessee Valley Authority (TVA) is an agency of the federal government and therefore can be directed by Congress in a way that would not apply to typical electric utilities.
For your Week 1 Essay answer the following questions
Do you agree with the Court’s decision, based upon the language of the Endangered Species Act quoted above? That is, did the Endangered Species Act preclude construction of the Tellico dam? Should the ESA have precluded construction of the dam? Was Congress right to amend the ESA to permit the dam to be built?
Consider the goals of the Act. Should there be a hard and fast rule in these situations, or should agencies be permitted to engage in a cost-benefit analysis? Why or why not? If agencies had discretion to engage in cost-benefit analysis, wouldn’t all proposed projects be completed?
When should environmental or esthetic values give way to other values, such as resource development for energy development? Where should the line be drawn?
The paper is to be a minimum of two page and a maximum of three pages.
This submittal is worth 30 Points.
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