In the annals of environmental law, no creature is more famous than the Snail Darter, the endangered species that shut down completion of the Tellico Dam in the 1970s. It required congressional legislation to allow the dam to be finished after years in the courts where judges maintained that the species had to be protected under the Endangered Species Act. According to the New York Times., the species may turn out to be as mythical as a unicorn.
The controversy began in 1967 when the Tennessee Valley Authority started constructing a dam on the Little Tennessee River, roughly 20 miles outside Knoxville. Environmentalists and locals opposed the project and, in 1973, a zoologist at the University of Tennessee named David Etnier went snorkeling with his students and found a possible solution. He spotted a small fish and called it a “snail darter” because of its movements and eating habits. He reportedly announced “Here’s a little fish that might save your farm.”
Dr. Zygmunt Plater, an environmental law professor at Boston College, represented the snail darter before the Supreme Court. He did an excellent job and, in 1978, the Supreme Court ruled that “the Endangered Species Act prohibits impoundment of the Little Tennessee River by the Tellico Dam” to protect the endangered snail darters.
That was then.
The Times now quotes Thomas Near, the curator of ichthyology at the Yale Peabody Museum who leads a fish biology lab at the university, that “there is, technically, no snail darter.” Worse yet, it was actually just another member of the eastern population of Percina uranidea, or stargazing darters, which is not considered endangered.
Near and his colleagues have published the results in Current Biology
In other words, years of litigation and millions of dollars were spent on what was a false claim, and the courts accepted the claims hook, line, and sinker.
Under the ESA, the snail darter was listed as protected and therefore triggered Section 7 of the Act barring federal agencies from undertaking actions that could jeopardize a species’ survival or destroy any of its critical habitat.
In Tennessee Valley Auth. v. Hill, 437 U.S. 153 (1978), Chief Justice Warren Burger noted that the finding of this “previously unknown species of perch” changed everything on a legal level. He added:
“Until recently, the finding of a new species of animal life would hardly generate a cause celebre. This is particularly so in the case of darters, of which there are approximately 130 known species, 8 to 10 of these having been identified only in the last five years. The moving force behind the snail darter’s sudden fame came some four months after its discovery, when the Congress passed the Endangered Species Act of 1973 (Act), 87 Stat. 884, 16 U.S.C. § 1531 et seq. (1976 ed.).”
Plater insisted that Dr. Near is merely a “lumper” who tends to rely on genetics rather than being a “splitter” who proliferates new species. Dr. Plater added that “whether he intends it or not, lumping is a great way to cut back on the Endangered Species Act.”
That was a particularly revealing point from the law professor since it suggests what could be an overwhelming motive could be legal and not scientific in declaring the new species — the very objection raised in the litigation and denied by many advocates.
Roughly three years ago, the government declared victory in restoring the snail darter and the Fish and Wildlife Service proposed removing it from the ESA list of threatened species.
The lil bugger was probably eaten by the illegal aliens.
I remember when this clown show was playing out on a virtual daily basis when I was a student at UT Knoxville.
Thanks for the update on this asininity, Johathan.
I certainly enjoyed your presentation at FedSoc, my friend.
Jonathan is the one engaging in the usual asininity here. Resembles in a certain way his irresponsible scholasticism at the Trump impeachments. The Tellico Dam was going to be an unnecessary disaster and there were myriad reasons to oppose it, including the wanton wreckage it was likely to cause on farmers and he whole watershed. Protecting the little fish and its macrocosm was good thing for the human community, the watershed, and environment generally, even if the \ fish was later, in an ongoing and probably never-ending discussion of biological nomenclature, reclassified as not a separate species. Jonathan acts as if an evolving consideration of scientific labels is more important than the larger life–social and environmental–surrounding these enormous decisions, and that caution in such matters that turned out to be partly incorrect was a greater harm than going wherever angels fear to tread. No surprise. As one of the founding fathers of American preservation and a land ethic that will sustain us all, Aldo Leopold, put it, we are part of and dependent on a natural community, and for our own survival should therefore act with responsibility and respect towards the land, considering the interconnectedness of all living things before making decisions that could harm the ecosystem. Leopold wrote famously, “A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community,” including us. Caution was a good move. See this useful little commentary for clearer thinking: https://defector.com/this-week-in-maligned-little-fish
By asisinity, I mean in part at least his confusion of the label and the thing. “The species may turn out to be as mythical as a unicorn,” he says, responding to one article in a scientific journal, about a fish that is very much real, and about which other scientists may come to believe is an important subspecies or who knows what. Then he says the fish had been removed from the endangered species list. That was likely because the fish was doing well, which means that the rivers were doing better, a consequence of ecological caution in line with the argument of the Supreme Court. And probably the farmers and neighboring communities did better when an unnecessary and in many ways destructive dam did not get built.
I don’t disagree with your overall comment and the need to protect ecosystems or biological communities. However, the endangered species act, as written, amended and implemented, does not provide such protection. Too often those who want to save biological communities think that if they just find an endangered species then that will solve all their problems. It doesn’t. The ESA never has been intended to stop or inhibit most land use practices. It will sometimes have the effect of doing so for some species that have a very narrow range and certain specific biological needs that may be altered or destroyed by changing land use. But that is generally the exception and not the rule.
Oh! Breaking News! Remember everybody: Dennis, George, Gigi, CNN, MSNBC, etc have assured everyone this is the Trump Supreme Court, protecting him and doing his bidding!
Chief Justice Roberts and Justice Barrett side with the four Democrat Marxist activist judges to refuse Trump’s request for delayed sentencing while his appeals of Merchan’s trial can be heard by higher appellate courts!
The order noted that Supreme Court Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh would approve the request. Denial written and delivered by the Democrats wise Latinx racist Justice Sotomayor, the oldest of the Democrat SCOTUS DEI Hires
The Democrat losers will indeed be in temporary possession of their consolation prize after they were wiped out in the 2024 election. Temporarily.
Clever, Chief Justice Roberts and Barrett! Very clever! Clever proactive crime prevention, right from the top at SCOTUS!
Roberts and Barrett now do not have to risk howling violent (but mostly peaceful) Democrat mobs rioting in front of their homes tonight threatening them and their families while Attorney General Merrick Garland smiles and does nothing to arrest those committing those felonies. Just as he did nothing as they rioted and threatened Thomas, Barrett and the rest after the Dobbs decision.
Won’t have to risk being disinvited from the Washington DC cocktails and canapes society circuit by allowing that delay while an appeal is heard outside of New York!
Chances are pretty high that Merchan’s trial and convictions won’t survive those appeals to then have to be dealt with by Justice Roberts in a decision that will attract as much Democrat shyte throwing as the Dobbs decision did.
Another glorious punt by the SCOTUS that refused to hear any GOP appeals concerning the 2020 election, either before or after the election. Truly brilliant!
We keep being told by Gigi, Dennis et al that those standing in Trump’s way should be terrified of the dictatorial fascism he would unleash on them. How do Roberts and Barrett have any confidence they will still be alive a month after he Roberts swears Trump into office?
Old Airborne Dog
“Lil Bow Wow,” what were your MOS, Awards, Theater, and Campaign?
You precious Nazi soul. There, there.
Once again we lose Barrett and Roberts as the libs vote in lockstep.
Why is it that conservatives (Republicans) will always split votes either in the House, Senate or the Scotus whereas the liberals (Democrats) will vote 100% in the House, 100% in the Senate and 100% in the SCOTUS?
You could have something as egregious as voting on whether or not to deport illegals convicted of crimes and the bill will lose 35% of the Democrats. You can have open and shut legal cases and issues before the Court and you will have the three bright lights of the left vote against it time and time again.
@Hullbobby Once again we lose Barrett and Roberts as the libs vote in lockstep.
It’s actually incredibly brilliant proactive crime prevention by the highest law enforcement officers of the country! Don’t you see that?
Remember how Barrett and Roberts huddled in their homes quaking in fear after the Dobbs decision became public? Fearing for their lives while Democrats rioted and threatened their lives just a few feet from their doors?
All while Attorney General Merrick Garland refused to allow their protection officers – or any federal law enforcement – to arrest a single one of those committing those felonies and trying to intimidate them?
Well, there will be no repeat of that J6 type of felony intimidation tonight! Roberts and Barrett have ensured there is nothing but Harris-style JOY around their homes tonight.
The horrendous Washington DC crime rate got a bit of a reprieve for tonight at least. And Roberts and Barrett will sleep undisturbed, snugly in their beds without Democrat rioters outside their homes to make their lives hell, trying to intimidate them.
I wonder what Professor Turley is going to be scribbling to explain to explain this one.
Old Airborne Dog
Quite a good Rogan conversation here with Elon Musk and Germany’s AfD leader Alice Weidel.
https://www.powerlineblog.com/archives/2025/01/adolf-hitler-communist.php
On the importance of free speech and democracy both sound exactly like Professor Turley.
Trump will win on appeal because the entire case is bogus. In the end none of this lawfare will hurt him in any meaningful way, and it propelled him to a resounding victory at the ballot box, giving him four more years as President. What the left meant for evil, God used for good.
The bullet nicking his ear but doing no real damage is an apt metaphor; more so because his reaction was fearless, “fight, fight, fight!”
Banging a porn star. Sexually violating women. Lying to tax authorities and financial institutions. God uses that stuff for good all the time. In fact, I hear God prefers we insult, lie, name call, and fornicate cuz then he gets to show off his God powers of magically turning it into good. Liil’ known fact: Jeffrey Epstein was actually God in human form. He was doin’ all kinds of good.
Yawn…
Banging a porn star: Shower time with Ashley Biden, who starred in her brother Hunter’s pornhub channel.
Sexually violating women: Meet Tara Reade
Lying to tax authorities and financial institutions: 174 Suspicious Activity Reports filed by American and foreign banks about bribes and influence peddling.
God uses that stuff for good all the time: Pardoning the wrongfully convicted Crackhead Kid. Fighting for birth control abortions up to the moment of birth.
The question is… can he keep it up after he can no longer run Biden White House Crime LLC out of the Oval Office where he’s now one of the house plants that gets watered twice a week?
Real President Trump will soon take office.
The wholesale slaughter that was the massive landslide double victory against the loser Democrats Biden and Harris proves that Biden stole the election in 2020.
Real President Donald J. Trump was a commendable hero for developing a vaccine to battle the “China Flu, 2019,” released by Xi Jinping, and for his glorious efforts to counter the abject panic Xi and his communist (liberal, progressive, socialist, democrat, RINO, AINO) allies in America incited and exacerbated.
The “fake” felonies are absolutely meaningless.
The American jury heard all the evidence and found Real President Donald J. Trump INNOCENT and NOT GUILTY!
Congratulations, Real President Donald J. Trump.
We all wish you the best of luck leading the nation into renewed prosperity and excellence.
Please, and by all means,
Make America Great Again!
74 million to 70 million votes isn’t a landslide, idiot.
Vice President DEI Hire was a worse loser than Bribery Biden was slated to be, idiot.
More like a dumpster fire of failed communists.
North is your future.
It wouldn’t have been a landslide 50 years ago but these days it is.
Harris broke a 90 year record!
Failed to flip one single county.
It was so close…
https://www.econotimes.com/Kamala-Harris-Breaks-a-90-Year-Record-Not-a-Single-County-FlippedWhat-Went-Wrong-in-2024-1695747
Canada has assisted suicide. Go north he/she/it.
* calif has it too. If you’ve got 6 months to live you can get a lethal dose of barbiturates.
Boring…
Trump, the criminal, to be sentenced tomorrow on 34 counts of fraud. Lots of Trump supporter heads exploding. That’s a lot of feces to clean off the walls.
Lots of Anonymous Marxist Useful Idiots desperately doing the online Jeffrey Toobin Finger Tango while they grasp their consolation prize: The sentencing that will survive outside of the New York justice system about as long as their Toobin Finger Tango orgasm as they hit the send button.
Another Keyboard cleanup needed over on isle Anonymous.
The STROKES OF MISFORTUNE: CNN’s Jeffrey Toobin caught with his hands full of something that wasn’t a keyboard during Zoom conference.
https://www.youtube.com/watch?v=ZbH6NB5WZqI
Old Airborne Dog
“Republican President-elect Donald Trump has called on California Gov. Gavin Newsom, a Democrat and political foe, to resign as wildfires tear through the Los Angeles area — a once-in-a-generation disaster that’s unleashed a gusher of political attacks and misinformation in its wake.”
Wasn’t trump the Prez when COVID hit? 1,000,000 people lost their lives in the U.S. due to COVID.
Is trump going to take his own advice and resign, before he takes office, for his bungling of the COVID pandemic?
Wasn’t trump the Prez when COVID hit? 1,000,000 people lost their lives in the U.S. due to COVID.
Oh look! You’re as proud of displaying yourself as a retard as you were about finally passing grade three on your second try! Can you subtract 455,563 from 1,000,000?
This analysis showed that more COVID-19 deaths indeed occurred during Biden’s term. The number of COVID-19 deaths was 455,563 at the end of Trump’s term.
https://healthfeedback.org/claimreview/higher-covid19-death-toll-under-biden-than-trump-reflects-longer-presidential-term-spent-managing-pandemic/
Isn’t it strange that you didn’t mention that the majority of Americans died while President Daddy-Daughter Incest Showers was the president!
And died AFTER Trump provided Biden with THREE different vaccines that weren’t available while Trump was in office?
Take another booster. Don’t forget the bird flu one too.
Poor trump, SC 5-4 says he is to be sentenced for felonies tomorrow.
1st president to ever be convicted, and his right wing buddies on the SC couldn’t muster a 6-3 victory.
Enjoy your felon Prez. Oh yea, also found liable for sexual abuse. What a disgusting piece of human flesh.
Correction: What a disgusting pos.
Snail Darter. What’s it smelt like?
Dennis McIntyre says: January 9, 2025 at 6:41 PM Jonathan: The snail darter controversy has been a thorn in the side of the GOP ever since 1967.
Professor Turley. Due to your enjoyment of cultural references, I thought your dear friend Dennis might call his blog entry: The Day My California Democrat DEI Died When The Levy Ran Dry
Palisades Fire – 0% contained
Eaton Fire – 0% contained
Hurst Fire – 0% contained
Lidia Fire – 0% contained
Woodley Fire – 0% contained
Olivas Fire – 0 % contained
Those communities were “protected” by a Democrat DEI certified Board Of Fire Commissioners made up of five DEI Hires – four women and one token old guy, half of the women and the chairmen “women of color”. Every one of them just as qualified for that position as Vice President DEI Hire.
After all, even Democrats know you can’t control the weather (despite Dennis and these Commissioners preferring to call the weather “global warming”).
But Democrats as The Party Of Science know you can certainly use professionals in related sciences as policy planners and administrators to both mitigate the risks and have disaster plans ready to go on a moment’s notice to immediately deal with expected events.
And yet here we are. Five pure blood DEI Democrats. Not a single one of them with even the slightest education or work experience in disaster planning and management, fire science, or any related science.
Without exception, each one selected from teachers unions, political activism, diversity and equity planning, etc – each one of them one of the party faithful.
And now California burns, while Dennis wants to focus by Speaking His Truths about The Snail Darter.
About The Los Angeles Fire Department And The Los Angeles Board Of Fire Commissioners
https://shipwreckedcrew.substack.com/p/about-the-los-angeles-fire-department
I wonder if those Commissioners covered in that article took a few moments away from the Democrat political canapes and caviar party circuit to briefly put their heads together to figure out how to blame how they prepared for these yearly events on Trump?
As a self declaring compassionate “progressive”, just as his Board Of Fire Commissioners are, you would expect Dennis would at least have a word of sympathy for the Democrat poor who service the powerful Democrat “rich who don’t pay their fair share”, if not at least his important Democrat rich people.
Democrat meddling and Obamacare-style demands on insurance companies pertaining to disaster coverage has resulted on most in these areas being unable to obtain any meaningful insurance.
Well done Dennis. I’m not going to go full Gigi and say I hope that California home you claimed to own next to Trump’s golf course also burned.
Old Airborne Dog
You wasted your time putting together the garbage you posted? DEI has nothing to do with 100 mph dry winds idiot.
It has a lot to with unpreparedness.
You wasted your time putting together the garbage you posted? DEI has nothing to do with 100 mph dry winds idiot.
Yeah, that has never, EVER happened before in California history! Who’da thunk it!
No waste of time. It flushed out another Democrat cowardly, quivering in fear Marxist Woke Useful Idiot who wants to assure everybody that the planning and response for natural disasters was sheer genius on the part of DEI Newsom and this commission of DEI Hires. Wildfire fuels management, water resources management, large scale emergency response, all of it.
It was just incredible thanks to these DEI hires! The proof is in the ashes!
As the spokesman for DEI intelligence, now you get to tell us which ones of those Commissioners you think was best prepared to manage disaster planning and management! What university degrees they held, prior experience, etc.
Should we wait for that analysis, you coward?
Old Airborne Dog
* pacific palisades looks like Lahaina. It looks planned and some conscienceless thing is doing it. Most likely AI.
Peace to all.
This coward won’t tell us what he did to win the war; he just steals “Airborne” valor.
This Anonymous Democrat pedophile on probation will never copy and paste an example of what he claims is stolen valor. He’s only courageous enough to ask little boys and girls to come with him to help him find his lost puppy.
And this is why he not only never provides an example of what he claims, but never posts with a unique username which would allow his probation officer to arrest him for violating his probation.
Old Airborne Dog
(that’s how you post with a username, cowardly Anonymous pedophile)
* on point. The power went down and there was no communication for those in harms way. Complete, total failure beyond compare. Notice celebrities left because they were forewarned of this. Get out of there. Go stay with family but get out of LA.
Dangerous gaslighting of people like rats…
Send good positive thoughts to them and for their safety or prayers if you have any. The relief should be a burden of negligent California. Your 1st clue were insurance company pull outs.
One thing airborne, DJT sat with whom at the funeral? Right…
One thing airborne, DJT sat with whom at the funeral? Right…
Hello, pathetic cowardly Anonymous Democrat. I have your answer: he sat with Obama – who sat and laughed with Trump during Carter’s funeral.
Here, you pathetic whining cretin, here’s your receipts: an actual picture. See the big grin on Bolshevik Barack’s face while he socializes with ‘virtually Hitler’?
https://nypost.com/wp-content/uploads/sites/2/2025/01/former-us-president-barack-obama-96455582.jpg?resize=1536,1116&quality=75&strip=all
Nobody sat in front of either of them.
Right… Now show us your magnificent Democrat brilliance by naming those who sat on either side and behind them in that picture. Let me help you with that: none have a name like “Biden”, “Clinton” – or Harris.
They were seated separately with the rest of the losers.
You snivelling Anonymous culls couldn’t arrange a live sex show in a whorehouse. Not even if you had Hunter Biden helping you and Joe Biden once again writing the checks to pay for it.
Old Airborne Dog
* Yes, it’s a disaster. DEI is a disaster. Knowing that people will need to create an alternate plan as it continues.
They aren’t the only unhinged group . Yes, the danger level is extreme. It’s soul destruction. You’re having your soul destroyed if you watch it or partipate.
Sorry for all. Send out some good thoughts.
*The snail darter is really about water. California is fated to die as are other states due to water. Nonsense rebuilding those homes.
Enjoy the day
Floyd, betuadollar that Gigi hates VDH even more than she hates Trump.
Or is that possible?
Victor Davis Hanson ALSO has a blog that is free so commies like Gigi can’t claim they can’t afford to participate in discussion.
But I never see her, Dennis, or George posting there. Why is that?
The Blade Of Perseus
https://victorhanson.com/
Old Airborne Dog
* very good assessment… the intent is to destroy California. Elections can’t be legal. Those are demonic forces as defined by what religious people label it.
So, where did the LAFD money go??? LMAO!
The Midnight Stroll Transgender Cafe!!!
https://x.com/DailyCaller/status/1877478036326560009?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1877478036326560009%7Ctwgr%5Ede3a0863fadebae20f05cb62ee14cb3795a4ac4f%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.zerohedge.com%2Fweather%2Finferno-chaos-la-fire-spreads-hollywood-hills-2000-buildings-destroyed-over-130000