Tennessee Valley Authority v. Hill

From Wikipedia, the free encyclopedia

Please help improve this article or section by expanding it.
Further information might be found on the talk page or at requests for expansion.

Tennessee Valley Authority v. Hill

Supreme Court of the United States

Argued April 18, 1978
Decided June 15, 1978


Full case name:	Tennessee Valley Authority v. Hill, et al.

Citations:	437 U.S. 153; 98 S. Ct. 2279; 57 L. Ed. 2d 117; 1978 U.S. LEXIS 33; 11 ERC (BNA) 1705; 8 ELR 20513

Prior history:	Certiorari to the United States Court of Appeals for the Sixth Circuit

Holding

A permanent injunction was affirmed, thus ceasing construction of the dam.

Court membership

Chief Justice: Warren E. Burger
Associate Justices: William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis Franklin Powell, Jr., William Rehnquist, John Paul Stevens

Case opinions

Majority by: Burger
Joined by: Brennan, Stewart, White, Marshall, Stevens
Dissent by: Powell
Joined by: Blackmun
Dissent by: Rehnquist

Laws applied

U.S. Const.

Tennessee Valley Authority v. Hill et al., or TVA v. Hill, 437 U.S. 153 (1978), was a United States Supreme Court case. It is a commonly cited example of the canon of construction (expressio unius est exclusio alterius).

1 Background
2 Case
3 Decision
4 External links

[edit] Background

The Tennessee Valley Authority started the building of the Tellico Dam on the Little Tennessee River and was constructing the dam when an endangered fish species, the snail darter, was found upstream. The Endangered Species Act had been passed after construction had begun. The dam would completely inundate the location where the snail darter was found, resulting in considerable harm to the snail darter.

[edit] Case

The case was brought to force cessation of the building of the dam. The Tennessee Valley Authority contended that since the dam began construction prior to the passage of the 1973 Endangered Species Act, it was exempt.