tva hill argued april decided june endangered species act act authorizes secretary interior secretary declare species life endangered section specifies federal departments agencies shall assistance secretary utilize authorities furtherance purposes act carrying programs conservation endangered species taking action necessary insure actions authorized funded carried jeopardize continued existence endangered species threatened species result destruction modification habitat species determined secretary critical shortly act passage secretary petitioned list small fish popularly known snail darter endangered species act thereafter secretary made designation determined snail darter apparently lives portion little tennessee river completely inundated impoundment reservoir created consequence completion tellico dam declared area snail darter critical habitat notwithstanding near completion dam secretary issued regulation declared pursuant federal agencies must take action necessary ensure actions authorized funded carried result destruction modification critical habitat area respondents brought suit enjoin completion dam impoundment reservoir claiming actions violate act causing snail darter extinction district trial denied relief dismissed complaint though finding impoundment reservoir probably jeopardize snail darter continued existence noted congress though fully aware snail darter problem continued tellico appropriations concluded point time federal project becomes near completion incapable modification equity apply statute enacted long inception project produce unreasonable result appeals reversed ordered district permanently enjoin completion project congress appropriate legislation exempts tellico compliance act snail darter deleted list endangered species critical habitat materially redefined held record revealed prima facie violation tennessee valley authority failed take necessary action avoid jeopardizing snail darter critical habitat actions thus rejected contention word actions used intended congress encompass terminal phases ongoing projects various times foregoing judicial proceedings tva represented congressional appropriations committees act prohibit completion tellico project described efforts transplant snail darter committees consistently recommended appropriations dam sometimes stating views act prohibit completion dam advanced stage congress time approved tva general budget contained funds dam continued construction held endangered species act prohibits impoundment little tennessee river tellico dam pp language plain makes exception urged petitioner whereby act apply project like tellico well way congress passed act pp clear act legislative history congress intended halt reverse trend toward species extinction whatever cost pointed omission type qualified language previously included endangered species legislation reveals conscious congressional design give endangered species priority primary missions federal agencies congress moreover foresaw occasion require agencies alter ongoing projects order fulfill act goals pp none limited hardship exemptions provided act even remotely apply tellico project though statements appropriations committee reports reflected view committees either act apply tellico dam completed regardless act provisions nothing tva appropriations measures passed congress stated tellico project completed regardless act requirements find repeal circumstances petitioner urged violate cardinal rule repeals implication favored morton mancari doctrine disfavoring repeals implication applies full vigor subsequent legislation appropriations measure voting appropriations measures legislators entitled assume funds devoted purposes lawful purpose forbidden contrary policy violate express rules houses congress provide appropriations measures may change existing substantive law appropriations committee expression operate repeal modify substantive legislation pp appeals err ordering completion tellico dam violated act enjoined congress spoken plainest words making clear endangered species accorded highest priorities since legislative power exercised executive branch administer law judiciary enforce enforcement sought pp burger delivered opinion brennan stewart white marshall stevens joined powell filed dissenting opinion blackmun joined post rehnquist filed dissenting opinion post attorney general bell argued cause petitioner briefs acting solicitor general friedman deputy solicitor general barnett herbert sanger richard allen charles wagner iii thomas pedersen nicholas della volpe zygmunt plater argued cause respondents brief boone dougherty briefs amici curiae urging reversal filed robert pennington monroe county et al ronald zumbrun raymond momboisse robert best albert ferri donald simpson hugh pacific legal foundation briefs amici curiae urging affirmance filed ben oshel bridgers eastern band cherokee indians william butler environmental defense fund et al howell sherrod east tennessee valley landowners assn ben blackburn wayne elliott filed brief southeastern legal foundation amicus curiae chief justice burger delivered opinion questions presented case whether endangered species act requires enjoin operation virtually completed federal dam authorized prior pursuant authority vested congress secretary interior determined operation dam eradicate endangered species whether continued congressional appropriations dam constituted implied repeal endangered species act least particular dam little tennessee river originates mountains northern georgia flows national forest lands north carolina tennessee converges big tennessee river near knoxville lower miles little tennessee takes river clear waters area great natural beauty among environmental amenities stretch river said contain abundant trout considerable historical importance attaches areas immediately adjacent portion little tennessee banks south river edge lies fort loudon established england southwestern outpost french indian war nearby also ancient sites several native american villages archeological stores large extent unexplored include cherokee towns echota tennase former sacred capital cherokee nation early century latter providing linguistic basis state tennessee derives name area little tennessee river tennessee valley authority wholly owned public corporation began constructing tellico dam reservoir project shortly congress appropriated initial funds development tellico multipurpose regional development project designed principally stimulate shoreline development generate sufficient electric current heat homes provide flatwater recreation flood control well improve economic conditions area characterized underutilization human resources outmigration young people hearings public works power energy research appropriation bill subcommittee house committee appropriations pt particular relevance case one aspect project dam tva determined place little tennessee short distance river waters meet big tennessee fully operational dam impound water covering acres much represents valuable productive farmland thereby converting river shallow waters deep reservoir miles length tellico dam never opened however despite fact construction virtually completed dam essentially ready operation although congress appropriated monies tellico every year since progress delayed ultimately stopped tangle lawsuits administrative proceedings unsuccessfully urging tva consider alternatives damming little tennessee local citizens national conservation groups brought suit district claiming project conform requirements national environmental policy act nepa stat et seq finding tva violation nepa district enjoined dam completion pending filing appropriate environmental impact statement environmental defense fund tva supp ed aff injunction remained effect late district concluded tva final environmental impact statement tellico compliance law environmental defense fund tva supp ed aff months prior district decision dissolving nepa injunction discovery made waters little tennessee profoundly affect tellico project exploring area around coytee springs seven miles mouth river university tennessee ichthyologist david etnier found previously unknown species perch snail darter percina imostoma tanasi fish whose numbers estimated range soon engage attention environmentalists tva department interior congress ultimately federal courts new additional basis halt construction dam recently finding new species animal life hardly generate cause celebre particularly case darters approximately known species identified last five years moving force behind snail darter sudden fame came four months discovery congress passed endangered species act act stat et seq legislation among things authorizes secretary interior declare species animal life endangered identify critical habitat creatures species habitat listed following portion act relevant becomes effective secretary interior shall review programs administered utilize programs furtherance purposes chapter federal departments agencies shall consultation assistance secretary utilize authorities furtherance purposes chapter carrying programs conservation endangered species threatened species listed pursuant section title taking action necessary insure actions authorized funded carried jeopardize continued existence endangered species threatened species result destruction modification habitat species determined secretary consultation appropriate affected critical ed emphasis added snail darter occurs swifter portions shoals clean gravel substrate cool water food snail darter almost exclusively snails require clean gravel substrate survival proposed impoundment water behind proposed tellico dam result total destruction snail darter habitat ibid emphasis added pendency administrative actions developments relevance snail darter issue transpiring communication occurring department interior fish wildlife service tva view toward settling issue informally negotiations avail however since tva consistently took position available alternative attempt relocating snail darter population another suitable location end tva conducted search alternative sites might sustain fish culminating experimental transplantation number snail darters nearby hiwassee river however secretary interior satisfied results efforts finding tva presented little evidence carefully studied hiwassee determine whether biological factors river negate successful transplant fed reg meanwhile congress also become involved fate snail darter appearing subcommittee house committee appropriations april seven months snail darter listed endangered tva representatives described discovery fish relevance endangered species act tellico project hearings public works water power development energy research appropriation bill subcommittee house committee appropriations pt pp hearings public works water power development energy research appropriations fiscal year subcommittee senate committee appropriations pt pp time tva presented position advance successive forums thereafter namely act prohibit completion project authorized funded substantially constructed act passed tva also described efforts transplant snail darter contended dam finished regardless experiment success thereafter house committee appropriations june report stated following course recommending additional million appropriated tellico committee directs project environmental impact statement completed provided committee completed promptly possible emphasis added february pursuant endangered species act stat ed respondents filed case review seeking enjoin completion dam impoundment reservoir ground actions violate act directly causing extinction species percina imostoma tanasi district denied respondents request preliminary injunction set matter trial shortly thereafter house senate held appropriations hearings include discussions tellico budget hearings tva chairman wagner reiterated agency position act apply project finished time act became effective complete snail darter officially listed endangered also notified committees recently filed lawsuit status reported tva efforts transplant snail darter encouraging hearings public works water power development energy research appropriation bill subcommittee house committee appropriations pt pp hearings public works water power development energy research appropriations fiscal year subcommittee senate committee appropriations pt pp trial held district april may entered memorandum opinion order denying respondents requested relief dismissing complaint district found closure dam consequent impoundment reservoir result adverse modification complete destruction snail darter critical habitat making highly probable continued existence snail darter jeopardize supp ed despite findings district declined embrace plaintiffs position merits federal project shown jeopardize endangered species equity compelled issue injunction restraining violation endangered species act reaching result district stressed entire project complete based available evidence alternatives impoundment reservoir short scrapping entire project district also found tellico project permanently enjoined million lost nonrecoverable obligations meaning large portion million already expended wasted also noted endangered species act passed seven years construction dam commenced congress continued appropriations tellico full awareness snail darter problem assessing various factors district concluded point time federal project becomes near completion incapable modification equity apply statute enacted long inception project produce unreasonable result irreversible irretrievable commitment resources congress project span almost decade proceed great deal circumspection less month district decision senate house appropriations committees recommended full budget request million continued work tellico see report accompanying appropriations bill senate committee stated subcommittee hearings tva questioned relationship tellico project completion november listing snail darter small fish discovered endangered species endangered species act tva informed committee continuing efforts preserve darter working towards scheduled completion date tva repeated view endangered species act prevent completion tellico project construction nearly decade subcommittee brought matter well recent district decision upholding tva decision complete project attention full committee committee view endangered species act prohibiting completion tellico project advanced stage directs project completed promptly possible public interest supra emphasis added thereafter appeals respondents argued district abused discretion issuing injunction face blatant statutory violation appeals agreed january reversed remanding instructions permanent injunction issue halting activities incident tellico project may destroy modify critical habitat snail darter appeals directed injunction remain effect congress appropriate legislation exempts tellico compliance act snail darter deleted list endangered species critical habitat materially redefined ibid appeals accepted district finding closure dam result known population snail darters significantly reduced completely extirpated tva fact conceded much appeals argued closure tellico dam last stage project falls outside legitimate purview act rationally construed disagreeing appeals held record revealed prima facie violation act namely tva failed take action necessary insure actions jeopardize snail darter critical habitat reviewing thus rejected tva contention word actions act intended congress encompass terminal phases ongoing projects find positive reinforcement tva argument act legislative history also interpretation seen inimical objectives way illustration pointed detrimental impact project upon endangered species may always clearly perceived construction well underway given likelihood appeals opinion tva position require district sitting chancellor balance worth endangered species value ongoing public works measure result appellate willing accept emphasizing limits judicial power setting stated current project status translated workable standard judicial review whether dam completed irrelevant calculating social scientific costs attributable disappearance unique form life courts calculate many dollars must invested value dam exceeds endangered species responsibility merely preserve status quo endangered species threatened thereby guaranteeing legislative executive branches sufficient opportunity grapple alternatives ibid turning question appropriate remedy appeals ruled district erred issuing injunction recognizing irretrievable loss millions dollars public funds accompany injunctive relief nonetheless decided act explicitly commanded precisely result conceivable welfare endangered species may weigh heavily upon public conscience expressed final congress writeoff millions dollars already expended tellico excess present salvageable value appropriations committees subsequently recommended full amount requested completion tellico project june report house appropriations committee stated committee view endangered species act intended halt projects advanced stage completion committee strongly recommends projects stopped misuse act emphasis added committee viewed endangered species act preventing completion use projects well way time affected species listed endangered act effect contrary committee understanding intent congress enacting endangered species act funds appropriated allow projects completed benefits realized public interest endangered species act notwithstanding emphasis added granted certiorari review judgment appeals ii begin premise operation tellico dam either eradicate known population snail darters destroy critical habitat petitioner seriously dispute fact event act stat ed secretary interior vested exclusive authority determine whether species snail darter endangered threatened ascertain factors led precarious existence congress authorized indeed commanded secretary issue regulations deems necessary advisable provide conservation species seen secretary promulgated regulations declared snail darter endangered species whose critical habitat destroyed creation tellico reservoir doubtless petitioner prefer regulations books suggestion secretary exceeded authority abused discretion issuing regulations indeed judicial review secretary determinations ever sought hence validity actions open review starting premise two questions presented tva violation act completed operated tellico dam planned tva actions offend act injunction appropriate remedy violation reasons stated hereinafter hold questions must answered affirmative may seem curious survival relatively small number fish among countless millions species extant require permanent halting virtually completed dam congress expended million paradox minimized fact congress continued appropriate large sums public money project even congressional appropriations committees apprised apparent impact upon survival snail darter conclude however explicit provisions endangered species act require precisely result one hard pressed find statutory provision whose terms plainer endangered species act words affirmatively command federal agencies insure actions authorized funded carried jeopardize continued existence endangered species result destruction modification habitat species emphasis added language admits exception nonetheless petitioner urges dissenters act reasonably interpreted applying federal project well way congress passed endangered species act sustain position however forced ignore ordinary meaning plain language shown example tva close gates tellico dam without carrying action authorized funded federal agency understand action insure snail darter habitat disrupted accepting secretary determinations must clear tva proposed operation dam precisely opposite effect namely eradication endangered species concededly view act produce results requiring sacrifice anticipated benefits project many millions dollars public funds examination language history structure legislation review indicates beyond doubt congress intended endangered species afforded highest priorities congress passed act legislating clean slate first major congressional concern preservation endangered species come passage endangered species act stat repealed stat legislation congress gave secretary power identify names species native fish wildlife found threatened extinction stat well authorization purchase land conservation protection restoration propagation selected species native fish wildlife threatened extinction stat declaring preservation endangered species national policy act directed federal agencies protect species insofar practicable consistent ir primary purposes stat preserve habitats threatened species lands jurisdiction ibid emphasis added statute sweeping prohibition taking endangered species however except federal lands stat even federal areas secretary authorized allow hunting fishing endangered species stat congress enacted endangered species conservation act stat repealed stat continued provisions act time broadening federal involvement preservation endangered species legislation secretary empowered list species threatened worldwide extinction stat addition importation species recognized prohibited stat indirect approach taking endangered species also adopted conservation act way ban transportation sale wildlife taken violation federal state foreign law stat despite fact legislation represented comprehensive type enacted nation time congress soon persuaded expansive approach needed newly declared national policy preserving endangered species realized congress held hearings later become endangered species act informed species still lost rate one per year house hearings statement stephen seater defenders wildlife pace disappearance species appeared accelerating moreover congress also told primary cause trend something normal process natural selection technology sic continued rate disrupt natural ecosystem resulted dramatic rise number severity threats faced world wildlife truth apparent one realizes half recorded extinctions mammals past years occurred recent period house hearings statement assistant secretary interior dominant theme pervading congressional discussion proposed endangered species act overriding need devote whatever effort resources necessary avoid diminution national worldwide wildlife resources much testimony hearings much debate devoted biological problem extinction senators congressmen uniformly deplored irreplaceable loss aesthetics science ecology national heritage species disappear coggins conserving wildlife resources overview endangered species act rev emphasis added homogenize habitats plants animals evolved increase pressure products position supply usually unwillingly threaten genetic heritage value genetic heritage quite literally incalculable narrow possible point view best interests mankind minimize losses genetic variations reason simple potential resources keys puzzles solve may provide answers questions yet learned ask take homely apt example one critical chemicals regulation ovulations humans found common plant discovered analyzed humans duplicate synthetically never existed driven existence knew potentialities never tried synthesize first place knows say potential cures cancer scourges present future may lie locked structures plants may yet undiscovered much less analyzed sheer impels us cautious institutionalization caution lies heart pp emphasis added shaping legislation deal problem thus presented congress started finding two major causes extinction hunting destruction natural habitat twin threats congress informed greatest destruction natural habitats see house hearings statement associate deputy chief national forest system dept agriculture statement director dept natural resources statement stephen seater defenders wildlife lachenmeier endangered species act preservation pandemonium environ law witnesses recommended among things congress require agencies avoid damaging critical habitat endangered species take positive steps improve habitat house hearings statement director dept natural resources virtually every bill introduced congress session responded concern incorporating language similar identical found present act provisions designed words administration witness first time prohibit federal agency taking action jeopardize status endangered species hearings subcommittee environment senate committee commerce statement deputy assistant secretary interior emphasis added furthermore proposed bills direc federal agencies utilize authorities carrying programs protection endangered animals house hearings statement assistant secretary interior emphasis added finally passed endangered species act represented comprehensive legislation preservation endangered species ever enacted nation stated purposes provide means whereby ecosystems upon endangered species threatened species depend may conserved provide program conservation species furtherance goals congress expressly stated federal departments agencies shall seek conserve endangered species threatened species emphasis added lest ambiguity meaning statutory directive act specifically defined conserve meaning use use methods procedures necessary bring endangered species threatened species point measures provided pursuant chapter longer necessary emphasis added aside provisions indicated seriousness congress viewed issue virtually dealings endangered species including taking possession transportation sale prohibited ed except extremely narrow circumstances see secretary also given extensive power develop regulations programs preservation endangered threatened species citizen involvement encouraged act provisions allowing interested persons petition secretary list species endangered threatened see supra bring civil suits district courts force compliance provision act section act course relied upon respondents case provides particularly good gauge congressional intent seen provision genesis endangered species act legislation qualified obligation federal agencies stating seek preserve endangered species insofar practicable consistent ir primary purposes likewise every bill introduced contained qualification similar found earlier statutes exemplary administration bill direct federal agencies use authorities ends act insofar practicable consistent ir primary purposes emphasis added explaining idea behind language administration spokesman told congress signal agencies government first priority consistent primary objectives house hearings statement deputy assistant secretary interior emphasis added type language go unnoticed advocating strong endangered species legislation representative sierra club example attacked use phrase consistent primary purpose proposed cautioning qualification construed declaration congressional policy agency purposes necessarily important protection endangered species always prevail conflict occur house hearings statement chairman sierra club national wildlife committee see statement national audubon society significant sequence final version act carefully omitted reservations described bill senate initially approved however version current merely required federal agencies carry programs practicable protection species listed emphasis added way contrast bill originally passed house contained provision essentially mirror image subsequently passed indeed phrases might qualified agency responsibilities omitted bill explaining expected impact provision federal agencies house committee report subsection requires secretary heads federal departments agencies use authorities order carry programs protection endangered species requires agencies take necessary action jeopardize continuing existence endangered species result destruction critical habitat species emphasis added section substantially amplifie obligation federal agencies take steps within power carry purposes act recent article illustrates problem might occur absent new language bill appears whooping cranes country perhaps best known endangered species threatened air force bombing activities along gulf coast texas existing law secretary defense discretion whether take necessary action see threat disappears nce bill enacted secretary defense required take proper steps another example continental population grizzly bears may may endangered surely threatened bill enacted appropriate secretary whether interior agriculture whatever take action see situation permitted worsen bears driven extinction purposes bill included conservation species ecosystems upon depend every agency government committed see purposes carried agencies government longer plead nothing must law clear cong rec emphasis added us speculate much less act whether congress altered stance specific events case anticipated event discern hint deliberations congress relating act compel different result reach indeed repeated expressions congressional concern saw potentially enormous danger presented eradication endangered species suggest balance struck issue presented congress furthermore clear congress foresaw occasion require agencies alter ongoing projects order fulfill goals act congressman dingell discussion air force practice bombing instance obviously pinpoints particular activity intimately related national defense major federal department obliged alter deference strictures similar example provided house committee report authority director park service required conform practices agency need protecting rapidly dwindling stock grizzly bears within yellowstone park bears may endangered undeniably threatened least protected supplying carcasses excess elk within park curtailing destruction habitat clearcutting national forests surrounding park preventing hunting numbers recovered sufficiently withstand pressures emphasis added passing endangered species act congress also aware certain instances exceptions statute broad sweep necessary thus ed creates number limited hardship exemptions none even remotely apply tellico project fact exemptions endangered species act federal agencies meaning maxim expressio unius est exclusio alterius must presume hardship cases congress intended exempt cf national railroad passenger national assn railroad passengers notwithstanding congress expression intent urged find continuing appropriations tellico dam constitute implied repeal act least insofar applies tellico project support view tva points statements found various house senate appropriations committees reports described part supra reports generally reflected attitude committees either act apply tellico dam completed regardless provisions act since unwilling assume latter committee statements constituted advice ignore provisions duly enacted law assume committees believed act simply applicable situation even interpretation committees actions unable conclude act respect amended repealed nothing appropriations measures passed tellico project completed irrespective requirements endangered species act appropriations fact represented relatively minor components amounts entire tva budget find repeal endangered species act circumstances surely violence cardinal rule repeals implication favored morton mancari quoting posadas national city bank posadas held uncertain terms intention legislature repeal must clear manifest ibid see georgia pennsylvania clear repugnancy old new law results former giving way borden ntention legislature repeal must clear manifest positive repugnancy old new laws wood pet must positive repugnancy practical terms cardinal rule means absence affirmative showing intention repeal permissible justification repeal implication earlier later statutes irreconcilable mancari supra doctrine disfavoring repeals implication applies full vigor subsequent legislation appropriations measure committee nuclear responsibility seaborg app emphasis added environmental defense fund froehlke perhaps understatement since accurate say policy applies even greater force claimed repeal rests solely appropriations act recognize substantive enactments appropriations measures acts congress latter limited specific purpose providing funds authorized programs voting appropriations measures legislators entitled operate assumption funds devoted purposes lawful purpose forbidden without assurance every appropriations measure pregnant prospects altering substantive legislation repealing implication prior statute might prohibit expenditure lead absurd result requiring members review exhaustively background every authorization voting appropriation flout rules congress carefully adopted avoid need house rule xxi instance specifically provides appropriation shall reported general appropriation bill order amendment thereto expenditure previously authorized law unless continuation appropriations public works already progress shall provision bill amendment thereto changing existing law order emphasis added perhaps mindful fact swimming upstream strong current precedent tva argues exception rule implied repealers circumstance appropriations committees expressly stated understanding earlier legislation prohibit proposed expenditure accept proposition expressions committees dealing requests appropriations equated statutes enacted congress particularly circumstances presented case first appropriations committees jurisdiction subject endangered species much less conduct type extensive hearings preceded passage earlier endangered species acts especially act venture suggest house committee merchant marine fisheries senate committee commerce somewhat surprised learn careful work substantive legislation undone simple brief insertion inconsistent language appropriations committees reports second indication congress whole aware tva position although appropriations committees apparently agreed petitioner views recently sec sloan declined presume general congressional acquiescence practice securities exchange commission despite fact senate committee jurisdiction commission activities long expressed approval practice justice rehnquist speaking observed extremely hesitant presume general congressional awareness commission construction based upon isolated statements thousands pages legislative documents fortiori assume petitioner views appropriations committees acceptance better known especially tva agency primary responsibility administering endangered species act quite apart foregoing factors still unable find case earlier later statutes irreconcilable mancari entirely possible regard effective starting point analysis must legislative proceedings leading appropriations since earlier funding dam occurred prior listing snail darter endangered species successive years tva confidently reported appropriations committees efforts transplant snail darter appeared successful surely gave committees basis impression direct conflict tellico project endangered species act indeed special appropriation million transplantation endangered species supports view committees saw relocation means whereby collision tellico endangered species act avoided also noted reports issued senate house appropriations committees came within month district decision case hardly given members cause concern possible applicability act leaves appropriations reports issued appeals decision us point little remained accomplished project committees understandably advised tva cooperate department interior relocate endangered species another suitable habitat permit project proceed rapidly possible true committees repeated earlier expressed view act prevent completion tellico project considering statements context however evident represent personal views legislators however explicit serve change legislative intent congress expressed act passage regional rail reorganization act cases determined irreconcilable conflict operation tellico dam explicit provisions endangered species act must consider remedy appropriate correct course federal judge sitting chancellor mechanically obligated grant injunction every violation law made plain hecht bowles grant jurisdiction issue compliance orders hardly suggests absolute duty circumstances general matter may said ince almost equitable remedies discretionary balancing equities hardships appropriate almost case guide chancellor discretion dobbs remedies thus hecht refused grant injunction appeared district findings issuance injunction effect way insuring better compliance future unjust petitioner public interest principles take far system government tripartite one branch certain defined functions delegated constitution emphatically province duty judicial department say law marbury madison cranch equally emphatically exclusive province congress formulate legislative policies mandate programs projects also establish relative priority nation congress exercising delegated powers decided order priorities given area executive administer laws courts enforce enforcement sought urged view endangered species act reasonably hence shape remedy accords modicum common sense public weal post function expert knowledge subject endangered species much less mandate people strike balance equities side tellico dam congress spoken plainest words making abundantly clear balance struck favor affording endangered species highest priorities thereby adopting policy described institutionalized caution individual appraisal wisdom unwisdom particular course consciously selected congress put aside process interpreting statute meaning enactment discerned constitutionality determined judicial process comes end sit committee review vested power veto lines ascribed sir thomas robert bolt without relevance law roper law know legal right stick legal god currents eddies right wrong find ca navigate voyager thickets law oh forester cut great road law get devil last law devil turned round hide roper laws flat country planted thick laws coast coast man laws god cut really think stand upright winds blow yes give devil benefit law safety sake bolt man seasons act three plays heinemann ed affirmed footnotes see brief eastern band cherokee indians amicus curiae see also mooney myths cherokee bureau american ethnology ann timberlake memoirs watauga press brewer brewer valley wild folk history east tenn historical soc public works appropriation act stat tellico dam contain electric generators however interreservoir canal connecting tellico reservoir nearby hydroelectric plant augment latter capacity nepa injunction effect months entered tva spent million project funds gone purchase land construct concrete portions dam build bridge carry state highway proposed reservoir snail darter scientifically described etnier proceedings biological society washington vol pp scientific merit content etnier paper snail darter checked panel smithsonian institution prior publication see app tennessee alone species darters upward live tennessee river system new species darters constantly discovered classified rate one per year difficult task even trained ichthyologists since species darters often hard differentiate one another ibid endangered species defined act mean species danger extinction throughout significant portion range species class insecta determined secretary constitute pest whose protection provisions chapter present overwhelming overriding risk man act covers every animal plant species subspecies population world needing protection approximately million full species animals full species plants world various authorities calculate many may need listed endangered threatened one counts subspecies mention individual populations total increase three five times number keith shreiner associate director endangered species program manager fish wildlife service quoted letter wagner chairman tva chairman house committee merchant marine fisheries dated apr quoted wood protecting endangered statute endangered species act federal act define critical habitat secretary interior administratively construed term critical habitat means air land water area exclusive existing structures settlements necessary survival recovery listed species constituent elements thereof loss appreciably decrease likelihood survival recovery listed species distinct segment population constituent elements critical habitat include limited physical structures topography biota climate human activity quality chemical content land water air critical habitat may represent portion present habitat listed species may include additional areas reasonable population expansion fed reg codified cfr respondents regional association biological scientists tennessee conservation group individuals citizens users little tennessee valley area affected tellico project act authorizes interested person petition secretary interior list species endangered ed see searches tva watercourses failed find populations snail darters app secretary noted collections recent years additional earlier collections central east tennessee revealed presence snail darter outside little tennessee river fed reg estimated however snail darter range extended throughout upper main tennessee river lower portions major tributaries chattanooga sites dam impoundments see hearings public works water power development energy research appropriation bill subcommittee house committee appropriations pt pp statement witness tva hearings endangered species act oversight subcommittee resource protection senate committee environment public works app fish wildlife service etnier stated may take years scientists determine whether snail darter successfully survive reproduce new environment see general accounting office tennessee valley authority tellico dam project costs alternatives benefits expressing doubt future hiwassee transplant secretary noted snail darter already inhabit hiwassee river despite fact fish access past strong indication may biological factors river negate successful transplant fed reg tva projects generally authorized authority funded without need specific congressional authorization appropriations provided yearly budget grants see section allows person commence civil action district inter alia enjoin person including governmental instrumentality agency extent permitted eleventh amendment constitution alleged violation provision act regulation issued authority thereof district made following findings respect dam effect ecology snail darter evidence introduced trial showed snail darter requires survival clear gravel substrate flowing river snail darter fairly high requirement oxygen since tends exist bottom river flowing water provides necessary oxygen greater depths reservoirs unlike flowing rivers tend low oxygen content greater depths reservoirs also tend silt bottom flowing rivers factor combined lower oxygen content make highly probable snail darter eggs smother environment furthermore adult snail darters probably find type reservoir environment unsuitable spawning another factor tend make reservoir habitat unsuitable snail darters primary source food snails probably survive environment supp ed district findings effect unchallenged dissent justice powell argues meaning actions far plain seems evident actions referred actions agency ever take rather actions agency deciding whether authorize fund carry post aside bare assertion however explanation given support proffered interpretation recalls lewis carroll classic advice construction language use word humpty dumpty said rather scornful tone means choose mean neither less looking glass complete works lewis carroll district determined failure complete tellico dam result loss million nonrecoverable obligations see supra respondents dispute figure point recent study general accounting office suggests figure considerably less see gao study supra see also cook cook gove snail darter dam national parks conservation magazine conservation foundation letter apr gao study also concludes tva congress explore alternatives impoundment reservoir creation regional development program based river none considerations relevant decision however properly addressed executive congress prior federal involvement endangered species quite limited example lacey act stat partially codified ed black bass act stat amended et seq ed prohibited transportation interstate commerce fish wildlife taken violation national state foreign law effect statutes constrained however fact prior passage endangered species act laws regulating creatures see coggins conserving wildlife resources overview endangered species act rev migratory bird treaty act passed stat amended et seq ed extensive giving secretary interior power adopt regulations protection migratory birds measures concentrated establishing refuges wildlife see land water conservation fund act stat et seq see generally environmental law institute evolution national wildlife law approach problem taking course contained inherent limitations lacey black bass acts discussed supra hearings endangered species subcommittee house committee merchant marine fisheries statement assistant secretary interior hereinafter cited house hearings see house hearings statement roe statement whitehurst statement friends earth statement defenders wildlife one statement made assistant secretary interior particularly deserves notice watched lifetime vast array mollusks southern streams totally disappear result damming channelization pollution often asked importance mollusks example alabama know know whether us ever insight know exactly mollusks evolved millions years importance total ecosystem however great trouble party destruction without ever gained knowledge provisions house bills see provisions senate bills see house bills collected house hearings senate bills found hearings subcommittee environment senate committee commerce indication comprehensive scope act lies congress inclusion threatened species class deserving federal protection threatened species defined likely become endangered species within foreseeable future throughout significant portion range provisions house bills see one house bill imposed requirements federal agencies provisions senate bills see note however version sent floor senate senate committee commerce qualifying language wherever practicable omitted one part bill see cong rec section portion stated purposes policy congress committee version reported full senate retained limitation note cong rec see confronted statute plain unambiguous face ordinarily look legislative history guide meaning ex parte collett cases cited therein necessary look beyond words statute undertaken analysis meet justice powell suggestion absurd result reached case post accord congressional intent understand tva intends operate tellico dam without harming snail darter secretary interior defined term harm mean act omission actually injures kills wildlife including acts annoy extent significantly disrupt essential behavioral patterns include limited breeding feeding sheltering significant environmental modification degradation effects included within meaning harm cfr emphasis added see portion legislative history petitioner cites favorable position consists certain statements made senator tunney floor senate debates see cong rec senator tunney asked whether proposed bill affect army corps engineers decision build road particular area kentucky responding question senator tunney opined require consultation among agencies involved corps engineers prohibited building road deemed necessary cong rec petitioner interprets remarks mean agency balancing respective interests involved decide take action extirpate endangered species senator tunney meant views distinct contrast every expression legislative history meaning example kentucky example brought senate hearings administration spokesman interpreted analogous provision prohibit ing federal agency taking action jeopardize status endangered species supra moreover note version discussed senator tunney contained practicable limitation previously mentioned see supra senator tunney remarks perhaps explain conference committee subsequently deleted qualifying expressions construe senator remarks simply meaning act agency responsible project final decision cong rec whether action proceed notwithstanding contrary advice secretary interior secretary recourse either appeal higher authority administration proceed federal relevant provisions act citizens may likewise seek enforcement ed done case justice powell characterizes result reached giving retroactive effect endangered species act accept contention holding merely gives effect plain words statute namely affects projects remain authorized funded carried indeed act retroactive application since definition prior action federal agency come scope act must already resulted destruction endangered species critical habitat circumstance species already extirpated habitat destroyed act subject matter might apply justice powell dissent places great reliance church holy trinity post support view act legislative history however later explained holy trinity applying rare exceptional circumstances must something make plain intent congress letter statute prevail crooks harrelson seen explication structure history act nothing support assertion literal meaning apply case justice powell dissent relies cases decided national environmental policy act support position act apply prospective actions agency post nepa decisions however completely inapposite first two statutes serve different purposes nepa essentially imposes procedural requirement agencies requiring engage extensive inquiry effect federal actions environment way contrast act substantive effect designed prevent loss endangered species regardless cost thus make sense hold nepa inapplicable point life project agency longer meaningful opportunity weigh benefits project versus detrimental effects environment section hand compels agencies consider effect projects endangered species take actions necessary insure species extirpated result federal activities second even nepa cases generally required agencies file environmental impact statements remaining governmental action environmentally significant see environmental defense fund tva loss endangered species determined congress environmentally significant see supra appropriations acts identify projects sums appropriated identification projects requires reference legislative history see supra thus unless member scrutinized detail committee proceedings concerning appropriations knowledge possible conflict continued funding endangered species act justice powell justice blackmun joins dissenting today holds endangered species act requires federal purpose protecting endangered species habitat enjoin permanently operation federal project whether completed substantially completed decision casts long shadow operation even important projects serving vital needs society national defense whenever determined continued operation threaten extinction endangered species habitat result said required plain intent congress well language statute view reasonably interpreted applying project completed substantially completed threat endangered species discovered believe congress intended act produce absurd result words district case clear language act legislative history congress intended authorize result compelled enforce province rectify policy political judgments legislative branch however egregiously may disserve public interest statutory language legislative history case need construed reach result view duty adopt permissible construction accords modicum common sense public weal although stated facts fully fairly presented testimony action appropriations committees relevant case repeat said read total record compelling rejection conclusion congress intended endangered species act apply completed substantially completed projects dam reservoir project today opinion brings end absent relief congress congress authorized appropriated initial funds construction tennessee valley authority tva tellico dam reservoir project little tennessee river eastern tennessee project comprehensive water resource regional development project designed control flooding provide water supply promote industrial recreational development generate additional electric power within tva system generally improve economic conditions economically depressed area characterized underutilization human resources outmigration young people construction began congress voted funds project every year since august tellico project half completed new species fish known snail darter discovered portion little tennessee river impounded behind tellico dam endangered species act passed following december stat et seq year later january respondents joined others petitioning secretary interior list snail darter endangered species november tellico project completed secretary placed snail darter endangered list concluded proposed impoundment water behind proposed tellico dam result total destruction snail darter habitat fed reg respondents view secretary action meant completion tellico project violate act ed federal departments agencies shall consultation assistance secretary utilize authorities furtherance purposes chapter carrying programs conservation endangered species listed pursuant section title taking action necessary insure actions authorized funded carried jeopardize continued existence endangered species threatened species result destruction modification habitat species determined secretary critical march tva informed house senate appropriations committees project threat snail darter respondents lawsuit committees advised tva attempting preserve fish relocating hiwassee river closely resembles little tennessee stated explicitly however success efforts guaranteed decision may district eastern district tennessee held act construed preventing completion project supp opposite construction said district unreasonable point time federal project becomes near completion incapable modification equity apply statute enacted long inception project produce unreasonable result arlington coalition transportation volpe cir cert den irreversible irretrievable commitment resources congress project span almost decade proceed great deal circumspection congress full knowledge tellico project effect snail darter alleged violation endangered species act continued appropriate money completion project appropriations committees expressly stated act prohibit project completion view congress presumably accepted approving appropriations year example june senate committee appropriations released report noting district decision recommending approval tva full budget request tellico project committee observed view endangered species act prohibiting completion tellico project advanced stage directed project completed promptly possible public interest appropriations bill passed congress approved president appeals sixth circuit nevertheless reversed district january held act intended create precisely sort dramatic conflict presented case project substantial resources already expended conflict national incentives conserve living things pragmatic momentum complete project schedule incisive judicial resolution conflict appeals reasoned represent usurpation legislative power quoted district statement respondents reading act taken logical extreme compel halt impoundment water behind dam endangered species discovered river day scheduled impoundment appeals however rejected district conclusion reading unreasonable contrary congressional intent holding instead onscientious enforcement act requires taken logical extreme ibid remanded instructions issue permanent injunction halting activities incident tellico project modify critical habitat snail darter june informed decision appeals appropriations committees houses congress recommended approval tva full budget request tellico project committees stated unequivocally endangered species act intended halt projects advanced stage completion senate committee viewed endangered species act preventing completion use projects well way time affected species listed endangered act effect contrary committee understanding intent congress enacting endangered species act funds appropriated allow projects completed benefits realized public interest endangered species act notwithstanding house committee view endangered species act intended halt projects advanced stage completion committee strongly recommends projects stopped misuse act ii today like appeals adopts reading act gives retroactive effect disregards years consistently expressed congressional intent complete tellico project due respect view result extreme example literalist construction required language act adopted without regard manifest purpose moreover ignores established canons statutory construction starting point statutory construction course language blue chip stamps manor drug stores powell concurring agree viewed textbook example fuzzy language read according eye beholder critical words direct federal agencies take action may necessary insure actions authorized funded carried jeopardize continued existence endangered species result destruction modification critical habitat species respondents sixth circuit read words sweepingly possible include actions federal agency ever may take respect federal project whether completed today embraces sweeping construction ante reasoning act covers every existing federal installation including great hydroelectric projects reservoirs every river harbor project every national defense installation however essential nation economic health safety actions agency prohibited carrying include continued operation projects change necessary preserve continued usefulness precondition according respondents thus destroying usefulness even important federal project country finding secretary interior continuation project threaten survival critical habitat newly discovered species water spider amoeba requently words general meaning used statute words broad enough include act question yet consideration whole legislation circumstances surrounding enactment absurd results follow giving broad meaning words makes unreasonable believe legislator intended include particular act church holy trinity result follow case virtue reading makes unreasonable believe congress intended reading moreover may construed way avoids absurd result without violence language reasonable construction language also supported presumption construing statutes give retroactive effect stated fidelity guaranty ex rel struthers wells presumption strong statute meant act retrospectively never receive construction susceptible particularly true statute enacts new regime regulation example presumption recognized cases national environmental policy act et holding requirement filing environmental impact statement reasonably applied projects substantially completed pizitz volpe ragland mueller greene county planning board fpc cert denied appeals fourth circuit explained holdings doubtless congress intend projects ongoing effective date act subject requirements section stage progress costs altering abandoning project definitely outweigh whatever benefits might accrue therefrom might longer possible change project accordance section stage federal action may complete applying act considered retroactive application intended congress arlington coalition transportation volpe cert denied sub nom fugate arlington coalition transportation recognizes first purpose statutory construction ascertain intent legislature american trucking opinion reviews length legislative history quotations committee reports statements members congress ends discussion curiously conflicting conclusions finds totality congressional action makes abundantly clear result reach today justifying termination abandonment federal project wholly accord words statute intent congress ante yet paragraph acknowledges discussion legislative history precisely problem opinion nowhere makes clear result reaches abundantly legislative history result never discussed review legislative history establishes congress intended require governmental agencies take endangered species account planning execution programs even hint legislative history congress intended compel undoing abandonment project program later found threaten newly discovered species relevant committees considered act members congress voted aware act used terminate major federal projects authorized years earlier nearly completed require abandonment essential federal installations edifices certain hearings testimony debate concerning consequences wasteful inimical purposes previously deemed important likely arouse public outrage absence consideration committees floor debates indicates quite clearly one participating legislative process considered consequences within intendment act indicated view legislative intent time enactment abundantly confirmed subsequent congressional actions expressions held properly statements individual members congress meaning statute entitled little weight see regional rail reorganization act cases also recognized subsequent appropriations acts necessarily entitled significant weight determining whether prior statute superseded see langston precedents inapposite effort bootstrap view prior legislation isolated statements individual congressmen case congress without explanation comment upon statute question merely voted apparently inconsistent financial support subsequent appropriations acts testimony precise issue presented congressional committees committee reports three consecutive years addressed problem affirmed understanding original congressional intent assume suggests congress continued year approve recommended appropriations unaware contents supporting committee reports amounts strong corroborative evidence interpretation applying completed substantially completed projects reflects initial legislative intent see fleming mohawk wrecking lumber brooks dewar iii little doubt congress amend endangered species act prevent grave consequences made possible today decision members body wish defend interpretation act requires waste least million see supra denies people tennessee valley area benefits reservoir congress intended confer little sentiment leave dam standing empty reservoir serving purpose conversation piece incredulous tourists far reaching adverse effect people economically depressed area continuing threat operation every federal project matter important nation congress acts expeditiously may anticipated decision probably lasting adverse consequences thought province force congress otherwise unnecessary action interpreting statute produce result one intended attorney general bell advised us oral argument dam completed remains lose gate complete construction roads bridges dam finished landscaping done completed tr oral arg hearings public works water power development energy research appropriation bill subcommittee house committee appropriations pt although snail darter distinct species hardly extraordinary one even icthyologists familiar snail darter difficulty distinguishing several related species app moreover new species darters discovered tennessee rate year discovered last five years told species darters found tennessee tennessee river system little tennessee hearings public works water power development energy research appropriations bill subcommittee house committee appropriations pt pp hearings public works water power development energy research appropriations fiscal year subcommittee senate committee appropriations pt pp appeals interpreted district opinion holding tva continuation tellico project violate act requested injunction denied equitable grounds interpretation district opinion appears untenable light opinion conclusion act construed preventing completion project supp emphasis added moreover district stated issue case whether reasonable conclude congress intended act halt tellico project present stage completion concluded act construed reasonable manner effectuate legislative purpose act operate manner halt completion particular project together district reliance cases interpreting national environmental policy act et inapplicable substantially completed projects see seems clear district judge taylor correctly interpreted inapplicable tellico project district found million million expended project unrecoverable completion dam enjoined million spent project seems probable abandonment dam entail even greater waste tax dollars see frank words music remarks statutory interpretation column rev hand speech justice harv rev purpose act admirable protection endangered species long neglected unfortunate litigation wasteful taxpayers likely end counterproductive terms respondents purpose may invited careless draftsmanship otherwise meritorious legislation ante oral argument respondents clearly stated view question think still position understand act section applies completed projects know think occurs often need apply apply need exists plater continuation question completed projects take grand coulee dam plater right honor species endangered dam question know view asking project imagination plater see honor question beyond accepting assumption plater right question endangered species might turn grand coulee section apply plater believe honor secretary interior question answers question plater yes tr oral arg interpretation prospects disasters breathtaking indeed since hundreds thousands candidates endangered list act covers every animal plant species subspecies population world needing protection approximately million full species animals full species plants world various authorities calculate many may need listed endangered threatened one counts subspecies mention individual populations total increase three five times number keith shreiner associate director endangered species program manager fish wildlife service quoted letter wagner chairman tva chairman house committee merchant marine fisheries dated apr quoted wood protecting endangered statute endangered species act federal accord american trucking armstrong sorrells collecting cases ryan suggests ante precept stated church holy trinity somehow undermined crooks harrelson year decision crooks however declared literal application statute lead absurd consequences avoided whenever reasonable application given consistent legislative purpose ryan supra following year expressly relied upon church holy trinity point sorrells supra real difference issue arises perceptions character today result professes find nothing particularly remarkable result produced decision case view remarkable indeed find hint congress actually intended see infra led conclude congressional words given meaning ascribed landis note statutory interpretation harv rev quotations legislative history relied upon reasonably viewed demonstrating congress thinking agency action prospective situations rather actions requiring abandonment completed projects example quotes representative dingell statement highly pertinent interpretation conference bill intended statement relied upon ante representative dingell said air force bombing activities along gulf coast texas found endanger whooping cranes discontinued respect grizzly bears noted may may endangered act necessary take action see bears driven extinction also predicates holding legislative intent upon provision act instructs federal agencies take endangered species meaning one harass harm pursue hunt shoot wound kill trap capture collect life forms ante quotes ante secretary interior definition term harm mean among things act annoy wild life extent significantly disrupt essential behavioral patterns include limited breeding feeding sheltering significant environmental modification degradation effects included within meaning harm cfr two observations pertinent first reach regulation accepts authorized act virtually limitless one find essential behavioral patterns living species breeding feeding sheltering significantly disrupted operation existing project believe congress gone far imperil every federal project however important behalf living species however unimportant without clear declaration intention rational interpretation consistent representative dingell obvious thinking act addressed prospective action reasonable options exist thought given abandonment completed projects senate sponsor bill senator tunney apparently thought act merely precatory withdraw agency final decision completion project understand consultation process took place bureau public roads corps engineers prohibited building road deemed necessary read language consultation however bureau public roads agency final decision whether road built interpretation legislation rate cong rec see also sierra club froehlke initial proposed rulemaking act made quite clear interpretation intended neither fish wildlife service department interior national marine fisheries service department commerce intends section bring waste occur advanced project halted affected agency must decide whether degree completion extent public funding particular projects justify action may otherwise inconsistent section fed reg acknowledges must permanent injunction grants today require sacrifice anticipated benefits project many millions dollars public funds ante justice rehnquist dissenting light brother powell dissenting opinion far less convinced endangered species act et seq ed intended prohibit completion tellico dam difficulty doubtfulness correct answer legal question convinces act prohibit district refusing exercise traditional equitable powers enjoin petitioner completing dam section act ed merely provides person may commence civil suit behalf enjoin person including governmental instrumentality agency alleged violation provision chapter also grants district courts jurisdiction without regard amount controversy citizenship parties enforce provision occasion hecht bowles construe language act congress lent far greater support conclusion congress intended injunction issue matter right language quoted emergency price control act provided pon showing administrator person engaged engage acts practices violative act permanent temporary injunction restraining order order shall granted without bond stat emphasis added day stated appeal equity jurisdiction conferred federal district courts appeal sound discretion guides determinations courts equity essence equity jurisdiction power chancellor equity mould decree necessities particular case flexibility rather rigidity distinguished qualities mercy practicality made equity instrument nice adjustment reconciliation public interest private needs well competing private claims believe major departure long tradition proposed lightly implied congress desired make abrupt departure traditional equity practice suggested made desire plain grant jurisdiction issue compliance orders hardly suggests absolute duty circumstances think congress intended make drastic departure traditions equity practice unequivocal statement purpose made since equity instrument nice adjustment reconciliation public interest private needs hecht supra decree one case seldom exact counterpart decree another see eccles people bank penn mutual life ins austin district recognized congress enacted endangered species act made preservation habitat snail darter important public concern concluded interest one side balance outweighed equally significant factors factors elaborated dissent brother powell satisfy district refusal issue injunction abuse discretion therefore dissent opinion holding otherwise