The source of all this gnashing of teeth is the controversial Endangered Species Act. Depending on who you talk to, the act, passed by Congress in 1973, is either potentially the most powerful tool available to protect endangered animals and plants or a paper tiger easily manipulated by both bureaucrats and business. The truth, of course, lies somewhere in the middle. Once a species is proposed to be listed under the act, there is a one-year review to decide whether the species is truly threatened or endangered. After the year review, a recovery plan must be implemented, no matter the cost or the economic hardship created.
Money is no object.
That provision has been broadly interpreted by federal courts in the nearly 25 years since the act was passed to include even general habitat modification. The courts have also held that private and public land is subject to the statute. The result has been horror stories that have become folklore, such as the Tennessee Valley Authority being denied the right to build a dam project to protect habitat for the three-inch snail darter. These two sections are what trouble Jesernig, the agriculture industry and business interests the most. The fear is that industry could potentially be held hostage in future years and water contracts could be changed arbitrarily by the courts.