Tennessee Valley Authority v. Hill (1977)
- Docket
- 76-1701
- Decided
- 1977-01-01
Summary
Question: (1) Does the ESA prohibit completion of the Tellico Dam? (2) Is the Snail Darter protected by the Endangered Species Act, even though congress continued to fund the dam project and stated that it should be completed? Conclusion: Yes, Yes. In a 6-3 decision, Chief Justice Warren Burger wrote the majority opinion affirming the injunction. The Supreme Court held that Congress’ continued appropriation of funds did not imply that the Dam project was exempt from the ESA. The operation of the Tellico Dam would wipe out the Snail Darter's habitat, so an injunction was the proper remedy. Justice Lewis F. Powell, Jr. wrote a dissent, stating that the ESA does not apply to any project that is completed or substantially completed when the threat to the endangered species arose. Justice Harry A. Blackmun joined in the dissent. Justice William H. Rehnquist wrote a dissent, arguing that the ESA did not prohibit the district court from refusing to grant an injunction.