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Even today, thirty years after the legal battles to save the endangered snail darter, the little fish that blocked completion of a TVA dam is still invoked as an icon of leftist extremism and governmental foolishness. In this eye-opening book, the lawyer who with his students fought and won the Supreme Court case—known officially as Tennessee Valley Authority v. Hill—tells the hidden story behind one of the nation’s most significant environmental law battles.
The realities of the darter’s case, Plater asserts, have been consistently mischaracterized in politics and the media. This book offers a detailed account of the six-year crusade against a pork-barrel project that made no economic sense and was flawed from the start. In reality TVA’s project was designed for recreation and real estate development. And at the heart of the little group fighting the project in the courts and Congress were family farmers trying to save their homes and farms, most of which were to be resold in a corporate land development scheme. Plater’s gripping tale of citizens navigating the tangled corridors of national power stimulates important questions about our nation’s governance, and at last sets the snail darter’s record straight.
- Sales Rank: #985057 in eBooks
- Published on: 2013-06-18
- Released on: 2013-06-01
- Format: Kindle eBook
Review
“The story of the snail darter and the TVA is the Thermopylae in the history of America’s conservation movement, and this book by Zygmunt Plater deserves to be the classic telling of it.”—Edward O. Wilson, Harvard University (Edward O. Wilson)
"The Snail Darter and the Dam is an inspiring and informative American story of regular people fighting powerful special interests. It's about how the public interest lost out to big money and its political allies--and failures by the local and national press to report the story fairly, accurately, and in proper context."—Dan Rather, Anchor and Managing Editor of AXS TV
(Dan Rather 2012-09-19)
"TVA v. Hill is one of my favorite cases. This eminently readable account of the full history of the case is even more interesting than the story told in Warren Burger’s opinion for the Court (or my memory of the oral argument and the shifting positions of the Justices in my book, Five Chiefs). The author’s account of how President Carter rejected the “God Committee’s” verdict about the darter is especially so."—Hon. Justice John Paul Stevens, Supreme Court of the United States [retired] (Hon. Justice John Paul Stevens [retired] 2012-08-27)
"The inside story of a long and fascinating battle—legal, political, environmental, and personal— that became an icon of its era and remains instructive even today. It’s a blueprint for community action, and—sadly—a still-current roadmap of the way in which Washington works. The legal maneuverings are laid out with wonderful lucidity, but even more the book is by turn compassionate, angry, and intensely humane, and well worth reading.”—Jonathan Harr, author of A Civil Action (Jonathan Harr 2012-06-25)
"A compelling history . . . that sheds light on the policy process and is fascinating in its own right. Recommended [for] all readership levels."—Choice (Choice)
“Plater . . . does a deft job of weaving together the legal framework and context for his fight against TVA, which he ended up winning before the Supreme Court in the landmark case TVA v. Hill. He employs a strict first-person, present-tense perspective that gives the book an engaging, memoiristic tone. [He] provides a wealth of detail that makes for compelling reading, and he has a knack for bringing drama to even the most technical court proceedings."—Clay Risen, Chapter 16 (Clay Risen Chapter 16)
About the Author
Zygmunt J. B. Plater is professor of law and director of the Land & Environmental Law Program at Boston College Law School. He lives in Newton Highlands, MA.
Most helpful customer reviews
6 of 6 people found the following review helpful.
an immediate classic in environmental politics for all kinds of readers
By Mark Lindeman
I bought this book on a recommendation, but I was 50 pages in before I realized how far off my subliminal expectations had been -- much as many people described within missed the point of the Tellico Dam controversy in the mid-70s. I expected a fairly narrow rehash of legal arguments surrounding, y'know, the snail darter and the dam. Instead, Plater tells a story that involves an astonishing variety of themes in environmental politics -- or, really, American politics generally -- so engagingly that I got out of bed at 11:30 PM to finish it. (It's not that I "couldn't put it down," only that I couldn't sleep when I did!)
Grassroots activists fighting for their land? Bureaucratic intrigue? Strategic and philosophical debates? Courtroom drama? Congressional shenanigans? All those things and more are in here, not as plot contrivances, but as the real deal. If you care about politics, or even if you think you're past the point of caring, this story will draw you in.
Does it really make sense to read a book about some controversy from the 1970s? In this case, absolutely. Not only is the Tellico story compelling in its own right, but as Plater tells it, it provides a template for understanding a broad swath of environmental policy conflicts. Not that Plater shoves some theoretical framework down readers' throats: he simply writes with such clarity and intensity that we can't help but think more clearly about how the parts connect.
Yale University Press has done fabulous work with this book -- it reads better than most best-selling fiction. (Of course Plater deserves huge credit for that, but so does the press.) But the book description does not do justice. "In a narrative that dispels widespread misperceptions about the environmental battle against the TVA’s final dam project...." Yes, it does, but that isn't the point. Misperception is a ubiquitous process, not just an abstract "thing" that one might have about some past event. Environmental activists almost always struggle to convey their side of a policy conflict, for many reasons, which this book illuminates as evocatively as any I've ever read. Plater doesn't provide a dry punch list of dos and don'ts, but you're very likely to find yourself drawing parallels to other issues. Not only does much of the Tellico story read as if it happened yesterday (some specifics aside), but it feels urgently relevant for today and tomorrow.
4 of 4 people found the following review helpful.
Riveting and heartbreaking story
By marika
As Zyg's daughter, I have heard the story of the snail darter case for as long as I can remember. Reading his accessibly-written and riveting book still added many layers of complexity to my understanding of the case and amplified disturbing revelations about the way that government works. The Snail Darter and the Dam shows how difficult it is for citizen activists with the facts on their side, but without significant funding, to halt an unnecessary, wasteful, and harmful project. Zyg depicts Washington as a labyrinth that is almost impenetrable to outsiders. The amount of effort that he and the Little T River's supporters had to put into trying to be heard over industry lobbyists and biased media is astounding and depressing. Keeping track of all of the people these activists had to appeal to and following the bureaucratic tangles of launching the lawsuit was illuminatingly exhausting. That so many activists came together--working tirelessly to almost achieve the impossible is a message of hope within a story of loss.
The snail darter's home in the last flowing section of the Little T is now a muddy lake, surrounded by mansions, with luxury yachts navigating around silos that stand as eerie reminders of the family farms that once thrived there. I hope that this book helps make this unspeakable loss a lesson in how animals, plants, fish, and humans suffer together when greed wins. I enthusiastically recommend it to anyone interested in environmentalism, politics, or interesting stories!
2 of 2 people found the following review helpful.
A Sad Story Told Well
By J. Crowder
Professor Plater gives us the "rest of the story" of this landmark case. The snail darter/Tellico Dam conflict, as portrayed in the media, is perhaps the most overly (and wrongly)-simplified environmental controversy of modern times. It is high time the full and true story of this sad debacle was told, and Plater has told it well.
Tellico Dam is one of the last two dams conceived in the 1930s as components of a valley-wide system of 69 dams and reservoirs involving both the Tennessee River and several of its major tributaries. The other was the Columbia Dam, which also encountered endangered species obstacles and which has now been de-authorized. These two dams were deservedly last on the Tennessee Valley Authority's construction plans, given the dubious economic benefits and high environmental costs associated with both.
TVA, the only remaining New Deal agency, deserves much credit for its role in bringing electrical power, flood control, and navigation benefits to its namesake valley. But the agency's devious and conniving actions in the defense of its last (one hopes) dam and reservoir project have created an indelible blot on its reputation. Plater documents the less than ethical--and sometimes downright Machiavellian--excesses of the agency and its powerful Chairman, Aubrey "Red" Wagner, in their relentless determination to justify and complete this unjustifiable and unnecessary pork-barrel project.
In his riveting history of the heroic struggle of dedicated landowners and citizen-environmentalists to halt the construction of the Tellico Dam, Plater powerfully puts the lie to the popular but wildly oversimplifed notion of a "tiny fish versus big dam." There was strong opposition to the Tellico Dam project for years before the discovery of the snail darter in 1973. In 1969, no less a figure than Supreme Court Justice William O. Douglas penned a lengthy article in a national magazine describing, and protesting, the losses that would result from the proposed impoundment of the Little Tennessee River--losses of prime farmland, Native American historical and archaeological resources and recreation (including, according to Douglas, "possibly the best trout stream in the entire southeast").
Shrewdly assisted by Plater--then a young law professor at the University of Tennessee,later at Wayne State and Boston College--the opponents of the dam succeeded each step of the way but one in blocking TVA's efforts to complete the project and destroy their beloved river valley. In a decade-long battle, they defeated TVA in the courts and prevailed before the so-called "God Committee" of the Endangered Species Act, only to have their hearts broken and hopes dashed by a fiat declaration of the U.S Congress exempting the dam from the jurisdiction of that act and from "any other law." The power games and sleazy maneuvering that attained this outcome are recounted by Plater in agonizing detail, confirming Bismarck's aphorism that,"Laws are like sausages, it is better not to see them being made."
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