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published Saturday, April 19th, 2008

A snail darter timeline

1936 — TVA lists Tellico site on Little Tennessee River as one of 69 potential dam sites.

1959 — TVA Chairman Red Wagner proposes Tellico Dam to be primarily justified by land development and recreation benefit claims.

1968 — TVA begins Tellico Dam, based on land development for “Timberlake New Town” to be built by Boeing Corp.

1972 — Farmers and environmentalists get National Environmental Policy Act injunction, based on TVA’s lack of an environmental impact statement.

1973 — The new environmental impact statement is deemed sufficient, and the NEPA injunction is lifted.

* Dr. David Etnier discovers the snail darter at Coytee Springs shoal on the Little Tennessee.

* Richard Nixon signs the Endangered Species Act.

1975 — Boeing abandons the Timberlake project.

* Citizens’ petition to federal Department of Interior is granted to list the snail darter as endangered.

1976 — District Judge Robert Taylor finds and Endangered Species Act violation against TVA, but declines injunction.

1977 — 6th Circuit grants injunction.

1978 — The case is argued before U.S. Supreme Court.

* The Supreme Court upholds injunction.

1979 — A Cabinet-level committee, created by the Baker-Culver Endangered Species Act Amendments, unanimously upholds snail darter injunction on economic grounds.

* Sen. Baker and Rep. John Duncan push appropriations rider overruling the Endangered Species Act and other laws; President Jimmy Carter fails to veto override; Cherokees file religious freedom lawsuit, which Judge Taylor dismisses; 6th Circuit affirms; Supreme Court refuses to hear the appeal.

* Reservoir is completed and river is impounded.

1982 —There is no economic activity; TVA proposes use of the valley as regional toxic waste facility; citizens’ public outcry sinks proposal.

1984 — TVA begins cooperation with developers to create a high-income resort home development.

1984 and forward — Some light industrial development locates near U.S. Highway 411; extensive flat water recreation emerges around lake; several communities of high-income resort homes begin; darter transplants allow downlisting to “threatened” status.

Source: UT College of Law

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