Class 1: introduction

How do we make rules in our modern regulatory state? In class 1, we will dive into a big fight over a very small fish in order to identify some of the questions and themes that we are going to explore throughout the course.

Reading:

• TVA v. Hill (1-25)

Consider the following questions as you read:

1. Did Congress pass a law explicitly barring the construction of the Tellico dam? If not, why not?

2. Which official (located where in the federal government) ends up making the decision to block the construction of the dam? Why are some members of Congress unhappy with this decision?

3. What words in the Endangered Species Act are the parties fighting over? What does the TVA think these words mean? What does the Interior Department think these words mean?

/next

Back to LRS