c29:No. 76-2116

McCREE, Circuit Judge (concurring).
I concur in the judgment of the court. The district court found that the completion of the Tellico dam would “jeopardize the continued existence of the snail darter,” and, therefore, we must conclude that completion of the project would violate the Endangered Species Act. The Tellico dam project is not exempt from the provisions of the Act, either because it was begun before the Act was passed and before the snail darter was listed as an endangered species, or because a Congressional committee was aware of the fact that the snail darter would be threatened by completion of the dam when the Congress approved additional appropriations. I agree that the case should be remanded with instructions to issue an injunction forbidding project activity that would threaten the existence of the snail darter.

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