Scenic Hudson Preservation Conference v. Federal Power Commission
U.S. Circuit Court of Appeals case / From Wikipedia, the free encyclopedia
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Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608 (2d Cir. 1965) is a United States Second Circuit Court of Appeals case in which a public group of citizens, the Scenic Hudson Preservation Conference, organized and initiated legal action after the Federal Power Commission approved plans for Consolidated Edison to construct a power plant on Storm King Mountain, New York. The federal regulatory agency had denied that the environmental group could bring action, but the court disagreed, ruling that Scenic Hudson had legal standing because of their "special interest in aesthetic, conservational, and recreational aspects" of the mountain.[1]
In order to insure that the Federal Power Commission will adequately protect the public interest in the aesthetic, conservational, and recreational aspects of power development, those who by their activities and conduct have exhibited a special interest in such areas must be held to be included in the class of 'aggrieved' parties under s. 313 (b). We hold that the Federal Power Act gives petitioners a legal right to protect their special interests.
— Circuit Judge Paul R. Hays, in the court's decision for Scenic Hudson Preservation Conference v. Federal Power Commission[1]
This article needs additional citations for verification. (February 2014) |
Scenic Hudson Preservation Conference v. Federal Power Commission | |
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Court | United States Court of Appeals for the Second Circuit |
Full case name | Scenic Hudson Preservation Conference v. Federal Power Commission |
Argued | October 8, 1965 |
Decided | December 29, 1965 |
Citation(s) | 354 F. 2d 608 (2d Cir. 1965) |
Holding | |
Court granted standing to Scenic Hudson Preservation Conference on the basis of aesthetic or environmental benefits | |
Court membership | |
Judge(s) sitting | Stanley H. Fuld, J. Edward Lumbard, Sterry R. Waterman, Leonard P. Moore, Henry Friendly, J. Joseph Smith, Irving Kaufman, Paul R. Hays, Robert P. Anderson |
Laws applied | |
Standing, §10(a) & §313(b) Federal Power Act |
This was the first decision of a court to grant standing on such terms, and established a precedent to allow similar public-based environmental groups to engage in legal processes. As Justice Hays stated, "the cost of a project is only one of several factors to be considered" in addition to "the preservation of natural beauty and national historic sites" as a basic concern.[1] This 1965 ruling helped to establish the legitimacy of environmental issues and paved the way for lawyers and the courts to play a significant role in all manner of land-use and environmental battles.[2][3]