Endangered Species Act Amendments of 1978

The snail darter case was an important test case of the ESA because it made Congress realize how powerful the ESA really was. In 1966, the Tennessee Valley Authority began construction on the Tellico Dam on the Little Tennessee River. For years, environmentalists tried to shut down the project, but their actions were unsuccessful until the discovery of the snail darter, a small fish that feeds off aquatic snails. The snail darter was listed as an endangered species in 1975 and part of the Little Tennessee River was designated as critical habitat. The completion of the Tellico Dam threatened the survival of the snail darter, which was thought to be native only to the Little Tennessee River. In 1976, battle in the courts between the Tennessee Valley Authority and environmentalists began over the fate of the snail darter. Over the next three years, the decision was appealed all the way to the Supreme Court. In Tennessee Valley Authority v. Hill the U.S. Supreme Court ruled in favor of protecting the species "whatever the cost". The Endangered Species Act was clear in stating that no federal project should be exempt from the provisions of Section 7. ==The whooping crane and weakening the ESA==

Starting in the spring of 1977, members of Congress made several attempts to pass legislation that weakened the ESA. Many large business interest groups, including the mining and timber industries, also spoke out against the power of the ESA. Upset that water diversion would threaten the critically endangered whooping crane, on October 2, 1978, the Nebraska Attorney General’s office obtained a federal injunction barring the dam. Grayrocks, however, enjoyed strong support in Congress, and by October 14 Teno Roncalio (D-WY) convinced the House to pass a bill exempting the dam from all federal regulation. On January 23, 1979, the Endangered Species Committee met for the first time, refused to exempt the snail darter from protection, and granted Grayrocks an exemption from the whooping crane protections. ==The amendment of 1978 and the "God Squad"==

The 1978 amendment to the ESA "attempts to retain the basic integrity of the ESA, while introducing some flexibility which will permit exemptions from the Act's stringent requirements." The most important change that was brought about by the 1978 amendment was the creation of the Endangered Species Committee, known as the "God Squad" because of the substantial impact of its decisions on the natural world. The God Squad is a committee composed of six permanent Cabinet-level members: The administrator of the Environmental Protection Agency, the administrator of National Oceanic and Atmospheric Administration, the chairman of the Council of Economic Advisers, the Secretary of Agriculture, the Secretary of the Army, and the Secretary of the Interior. One or more temporary members, sharing a single vote, may also be appointed by the President to represent any states that are affected by the exemption in question. To exempt an action, at least five members must vote in favor of the exemption. The following conditions must be met for an action to be considered for exemption: • there must be no reasonable alternative to the agency's action • the benefits of the action must outweigh the benefits of an alternative action where the species is conserved • the action is of regional or national importance • neither the federal agency or the exemption applicant made irreversible commitment to the resources. Additionally, mitigation efforts must be taken to reduce the negative effects on the endangered species. The amendments also contain provisions for the Secretary of Defense or the President to authorize exemptions, in cases of national security or disaster situations respectively. Conversely, the Secretary of State may overrule exemptions if they are found to violate any international treaties. ==God Squad decisions==

Northern spotted owl In 1991, a federal judge ordered the halting of logging on Pacific Northwest national lands because of the threat to the northern spotted owl. Following this action, the Bureau of Land Management (BLM) filed for exemption from Section 7. The environmentalists and the BLM agreed on a compromise that allowed the timber sale to continue. The BLM would develop a Long Range Forest Management Plan that would need to be approved by the FWS before any future timber sales. ==References==