SCENIC HUDSON PRESERVATION CONFERENCE v. FEDERAL POWER
407 U.S. 926

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U.S. Supreme Court

SCENIC HUDSON PRESERVATION CONFERENCE v. FEDERAL POWER , 407 U.S. 926 (1972)

407 U.S. 926

SCENIC HUDSON PRESERVATION CONFERENCE et al.
v.
FEDERAL POWER COMMISSION et al.
No. 71-1219.

CITY OF NEW YORK
v.
FEDERAL POWER COMMISSION et al.
No. 71-1220.

The SIERRA CLUB AND ITS ATLANTIC CHAPTER
v.
FEDERAL POWER COMMISSION et al.
No. 71-1221.

Supreme Court of the United States

June 19, 1972

On petitions for writ of certiorari to the United States Court of Appeals for the Second Circuit.

The motion to dispense with printing the FPC opinion in No. 71-1219 to conform with Rule 39 is granted. The petitions for writs of certiorari are denied.

Mr. Justice DOUGLAS, dissenting.

These petitions should be granted to consider whether the Federal Power Commission complied with its obligations under 101 and 102 of the National Environ-

Page 407 U.S. 926 , 927

mental Policy Act of 1969, 42 U.S.C. 4331 and 4332, in granting a license to Consolidated Edison Company of New York, Inc., for the construction of a pumped storage power project on Storm King Mountain on the Hudson River.

Under 101 of the Act federal agencies are instructed to take environmental consequences into account in their decisionmaking. [Footnote 1] That mandate was aimed partly at eliminating the excuse which had often been offered by bureaucrats that their statutory authority did not authorize consideration of such factors in their policy decisions. See Udall v. Federal Power Commission, 387 U.S. 428.2 More impor- [407 U.S. 926 , 928]


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