Those with interests in interplay between the Endangered Species Act and regionally/nationally important infrastructure projects would do well to study the Tellico Dam/snail darter case from the late 1970s. The dam, sited in East Tennessee, had been substantially completed when the US Supreme Court ruled in favor of the snail darter, saying Congress had clearly not allowed for any project exceptions to application of the ESA. Congress then said: OK, hold my beer and watch this--and passed a bill specifically exempting the snail darter from protection under the ESA. President Jimmy Carter signed it into law. Populations of snail darters had by then been widely transplanted within the East TN, Western NC, Northern GA and AL region, and their numbers were good enough to be de-listed from the endangered species list altogether by 1984, some 5 years after the Tellico Dam floodgates were closed.
The Tellico Dam project was a TVA boondoggle of the first order right out of the box, and the snail darter issue exposed many weaknesses in the project's cost/benefit studies. Add to that the fact that biologists started finding snail darter populations here, there, and damn near everywhere during the litigation, and you had a Class A Crap Show in the courts, in Congress, and in the Executive Branch.
All in all, I think major projects develop a critical mass at some point and are very difficult to stop once they do. Ardent conservationists would be wise to choose their battles carefully to avoid expenditure of critically important political capital for causes having a substantial possibility of turning out like the snail darter fiasco. What are the prospects of finding substantial occurrences of the buckwheat weed outside of that one valley, and/or the prospects of Congress rolling over it in aggressive pursuit of green energy policy? Dang if I know, but I wouldn't want to spend but so much in an effort to stop the mine's development based on this one issue.
Foy