Author: Zygmunt Jan Broel Plater
Publisher: Yale University Press
ISBN: 0300195265
Category : Law
Languages : en
Pages : 516
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Book Description
DIVEven today, thirty years after the legal battles to save the endangered snail darter, the little fish that blocked completion of a TVA dam is still invoked as an icon of leftist extremism and governmental foolishness. In this eye-opening book, the lawyer who with his students fought and won the Supreme Court case—known officially as Tennessee Valley Authority v. Hill—tells the hidden story behind one of the nation’s most significant environmental law battles. /divDIV The realities of the darter’s case, Plater asserts, have been consistently mischaracterized in politics and the media. This book offers a detailed account of the six-year crusade against a pork-barrel project that made no economic sense and was flawed from the start. In reality TVA’s project was designed for recreation and real estate development. And at the heart of the little group fighting the project in the courts and Congress were family farmers trying to save their homes and farms, most of which were to be resold in a corporate land development scheme. Plater’s gripping tale of citizens navigating the tangled corridors of national power stimulates important questions about our nation’s governance, and at last sets the snail darter’s record straight. /div
Author: Zygmunt Jan Broel Plater
Publisher:
ISBN: 9780300209419
Category : Endangered species
Languages : en
Pages : 0
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Book Description
The untold story of a notorious environmental case and the citizen crusade that carried a little fish through Washington politics and the Supreme Court Even today, thirty years after the legal battles to save the endangered snail darter, the little fish that blocked completion of a TVA dam is still invoked as an icon of leftist extremism and governmental foolishness. In this eye-opening book, the lawyer who with his students fought and won the Supreme Court case--known officially as Tennessee Valley Authority v. Hill--tells the hidden story behind one of the nation's most significant environmental law battles. The realities of the darter's case, Plater asserts, have been consistently mischaracterized in politics and the media. This book offers a detailed account of the six-year crusade against a pork-barrel project that made no economic sense and was flawed from the start. In reality TVA's project was designed for recreation and real estate development. And at the heart of the little group fighting the project in the courts and Congress were family farmers trying to save their homes and farms, most of which were to be resold in a corporate land development scheme. Plater's gripping tale of citizens navigating the tangled corridors of national power stimulates important questions about our nation's governance, and at last sets the snail darter's record straight.
Author: Joe Roman
Publisher: Harvard University Press
ISBN: 0674061276
Category : Nature
Languages : en
Pages : 369
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Book Description
Main description: The first listed species to make headlines after the Endangered Species Act was passed in 1973 was the snail darter, a three-inch fish that stood in the way of a massive dam on the Little Tennessee River. When the Supreme Court sided with the darter, Congress changed the rules. The dam was built, the river stopped flowing, and the snail darter went extinct on the Little Tennessee, though it survived in other waterways. A young Al Gore voted for the dam; freshman congressman Newt Gingrich voted for the fish. A lot has changed since the 1970s, and Joe Roman helps us understand why we should all be happy that this sweeping law is alive and well today. More than a general history of endangered species protection, Listed is a tale of threatened species in the wild-from the whooping crane and North Atlantic right whale to the purple bankclimber, a freshwater mussel tangled up in a water war with Atlanta-and the people working to save them. Employing methods from the new field of ecological economics, Roman challenges the widely held belief that protecting biodiversity is too costly. And with engaging directness, he explains how preserving biodiversity can help economies and communities thrive. Above all, he shows why the extinction of species matters to us personally-to our health and safety, our prosperity, and our joy in nature.
Author: Kenneth M. Murchison
Publisher: University Press of Kansas
ISBN: 0700615059
Category : Law
Languages : en
Pages : 248
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Book Description
With the discovery of a tiny fish in a soon-to-be-flooded stretch of the Little Tennessee River, construction on a dam that had already cost taxpayers $100 million came crashing to a halt. Thanks to the Endangered Species Act of 1973, the snail darter was instantly transformed into both an icon for species preservation and a despised symbol of the environmental movement's alleged excesses. The intense legal battle that ensued over its fate was contested all the way to the Supreme Court. The 1978 decision in TVA v. Hill, the Court's first decision interpreting the Endangered Species Act, remains one of the most instructive cases in American environmental law. Affirming an injunction that prohibited the Tennessee Valley Authority from completing the Tellico Dam because it would eliminate the snail darter's only known habitat, the Supreme Court resolved an intragovernmental dispute between the TVA and the Interior Department as well as the claims of the local opponents of the dam. Kenneth Murchison reveals that the snail darter case was just one part of a long struggle over whether the TVA should build the Tellico Dam. He traces disputes over the TVA's mission back to the 1930s and intertwines this with the emergence of federal environmental law in the 1960s and 1970s, culminating in the National Environmental Policy Act and Endangered Species Act, both of which provided a statutory basis for litigating against the dam builders. He continues with an exhaustive analysis of the arguments, deliberations, and decision of the Supreme Court, based largely on original sources, before concluding with a summary of the subsequent congressional actions and administrative proceedings that ultimately allowed the dam's completion. By plumbing the Court's deliberations, the politics behind the law, and the way that law spurred political responses, Murchison clarifies how the story of darter and dam came to exemplify the tensions and conflict between legislative and judicial action. Even though its players were left with only partial victories, TVA v. Hill helped to define the modern role of the TVA and remains an important chapter in the development of federal environmental law. Murchison helps us better understand this landmark decision, which drew the battle lines for current debates over the environment and the policies that protect or regulate its use.
Author: Stanford Environmental Law Society
Publisher: Stanford Environmental Law Soc
ISBN: 9780804738439
Category : Law
Languages : en
Pages : 296
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Book Description
This handbook is a guide to the federal Endangered Species Act, the primary U.S. law aimed at protecting species of animals and plants from human threats to their survival. It is intended for lawyers, government agency employees, students, community activists, businesspeople, and any citizen who wants to understand the Act--its history, provisions, accomplishments, and failures.
Author: Committee on Scientific Issues in the Endangered Species Act
Publisher: National Academies Press
ISBN: 0309176190
Category : Science
Languages : en
Pages : 289
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Book Description
The Endangered Species Act (ESA) is a far-reaching law that has sparked intense controversies over the use of public lands, the rights of property owners, and economic versus environmental benefits. In this volume a distinguished committee focuses on the science underlying the ESA and offers recommendations for making the act more effective. The committee provides an overview of what scientists know about extinction--and what this understanding means to implementation of the ESA. Habitat--its destruction, conservation, and fundamental importance to the ESA--is explored in detail. The book analyzes Concepts of species--how the term "species" arose and how it has been interpreted for purposes of the ESA. Conflicts between species when individual species are identified for protection, including several case studies. Assessment of extinction risk and decisions under the ESA--how these decisions can be made more effectively. The book concludes with a look beyond the Endangered Species Act and suggests additional means of biological conservation and ways to reduce conflicts. It will be useful to policymakers, regulators, scientists, natural-resource managers, industry and environmental organizations, and those interested in biological conservation.
Author: Joe Roman
Publisher: Animal
ISBN:
Category : Art
Languages : en
Pages : 244
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Book Description
As well as marine historians and anyone studying cultural history and the natural sciences. Book jacket.
Author: Kenneth M. Murchison
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
Examines the first Supreme Court decision to interpret the Endangered Species act of 1973 and a legal icon in the ongoing disputes between pro-development and pro-preservation forces over the fate of America's wildlands.
Author: Richard Allen EPSTEIN
Publisher: Harvard University Press
ISBN: 0674036565
Category : Political Science
Languages : en
Pages : 377
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Book Description
Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naivete. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.
Author: Charles C. Mann
Publisher: Alfred A. Knopf
ISBN:
Category : Nature
Languages : en
Pages : 328
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Book Description
The authors suggest new principles for striking a balance between the needs of human beings and the rest of the world.
