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Snail Darter RIP: The Species that Shut Down the Tellico Dam May Not Actually Exist


By: Jonathan Turley | January 9, 2025

Read more at https://jonathanturley.org/2025/01/09/snail-darter-rip-the-species-that-shut-down-the-tellico-dam-may-not-actually-exist/

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.

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Education, Green New Deal, Political

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UK’s Onshore Wind Scheme Could Backfire, With Far More Potent Greenhouse Gas Emissions


By: Miles Pollard / September 12, 2023

Read more at https://www.dailysignal.com/2023/09/12/uks-onshore-wind-scheme-might-not-lower-emissions-could-raise-energy-prices/

As it relates to wind power in the United Kingdom, not everything is coming up daisies, much less roses, despite what advocates for renewable power would have Britons believe. (Photo: Studio-fi/iStock/Getty Images)

Shortly after naming Claire Coutinho as secretary of state for energy security and net zero on Aug. 31, British Prime Minister Rishi Sunak announced a plan to accelerate the approval process for onshore wind projects. Previously, a 2015 ruling allowed a single complaint within a community to halt an onshore wind program and fully stopped subsidies for such projects. Under the new rule, communities can speed up the process for allocating sites through local development orders or community right-to-build orders.

However, wind farms can drastically raise the cost of electricity when the wind doesn’t blow and could leak a chemical that is exponentially more harmful to the environment than carbon dioxide (CO2).

Perhaps Coutinho isn’t aware of the influential 2019 BBC article that uncovered how the U.K.’s offshore wind turbine gearboxes are utilizing the world’s most potent greenhouse gas, sulfur hexafluoride, and that these gearboxes are leaking 15% of the gas over their lifecycle.

Sulfur hexafluoride (SF6) is 23,500 times more potent than carbon dioxide (CO2). For reference, methane (CH4) and nitrous oxide (N2­0) are roughly 25 and 298 times more potent than carbon dioxide, respectively. Additionally, these estimates are only over a 100-year perspective, and SF6 could exist up to 3,200 years in the atmosphere. Consequently, a single pound of released SF6 is the equivalent of 11 tons of CO2 in the atmosphere. 

No energy source, not even wind, can be fully without externalities, even with the most advanced recycling techniques. That’s not to mention the hydrocarbons needed to fabricate the nylon and fiberglass for blades and to create the steel and concrete for towers.

Speaking of externalities, Coutinho should also acknowledge the potential of 100,000 birds killed every year by wind turbines in the U.K. However, losses could be minimized by adopting the Norwegian practice of painting one rotor blade black to reduce those deaths by an estimated 70%.  

Despite the calls for expansion of energy generation, one of the largest hurdles is the time it takes to link to the grid, with more than 1,100 projects currently waiting to connect. With such a backlog of projects and the lack of transmission infrastructure, the U.K. government should contemplate allowing these projects to compete in an unsubsidized market to weed out economically unviable projects and restore reliability and adaptability to the grid.

Furthermore, the U.K. should also be wary of greenlighting or expanding every wind project without completing the due diligence to investigate local environmental harm and to acknowledge the wishes of local constituents. Abandoning reliable generation capacity for intermittent wind power without first investing in viable storage capacity is a recipe for disaster. For example, scalable gas-fired power stations saved the U.K. last winter by providing 60% of the needed electricity while wind turbines contributed a paltry 3%.

In order to end the economic malaise caused by ever-increasing energy prices and a culture of strangling economic freedom into stagnation, the U.K. needs to adopt an energy policy that will lower prices of electricity, rather than adopting the German model of closing reliable nuclear power stations and massively expanding intermittent solar and wind. Instead, the U.K. should adopt the Trump-era all-of-the-above strategy for energy security. 

Similarly, the U.K. should roll back pre-Brexit European laws and rebuff current proposed measures that seek to control people’s everyday lives, such as mandating that properties meet net zero targets or pay £15,000 (about $18,750).

In an economic climate of spiraling inflation, the U.K. government should look to all avenues, including retaining its coal power until viable base-load generation alternatives can be secured.

The U.K.’s remaining nuclear reactors should be left online or expanded, and small modular nuclear reactors should be explored. Rather than solely expanding wind turbines that could leak a greenhouse gas 23,500 times more potent than CO2, the U.K. should explore scalable alternatives, such as the zero-emission natural gas plant that is being brought online in 2025.  

With continuing inflation, connected insiders colluding with unelected bureaucrats, and a worldwide populace increasingly leery of increasing government censorship, the U.K. needs to abandon anti-energy policies and acknowledge that economic growth will always require more energy and more ingenuity. Lifting restrictions on wind power and other sources is but the first step to allowing the U.K. to become energy secure.

Intermittent sources alone cannot ensure energy security, as they are only as good as their storage capacity. Wind power must also be upfront about its tangible greenhouse gas emissions.

The U.K. needs stable and scalable energy sources to alleviate its energy woes. Only by lowering high energy bills and lowering the cost of living can the U.K. reignite the boundless energy of human potential.

COMMENTARY BY

Miles Pollard

Miles Pollard is an economic policy analyst with the Center for Energy, Climate, and Environment at The Heritage Foundation.

Category:

Green New Deal, International Politics

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