United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Chapman, 345 U.S. 153 (1953)

United States v. Chapman

No. 28

Argued October 22, 1952

Decided March 16, 1953*

345 U.S. 153

Syllabus

The Corps of Engineers recommended to Congress a comprehensive plan for the development of the Roanoke River Basin for flood control, power, and other purposes, but it did not clearly recommend that all projects be constructed by the United States. The Federal Power Commission concurred in this recommendation. In the Flood Control Act of 1944, Congress approved the plan and specifically authorized two projects not at Roanoke Rapids. Subsequently, the Commission ordered issuance of a license to a private power company to construct a hydroelectric generating plant at Roanoke Rapids, N.C.

Held:

1. Petitioners, the Secretary of the Interior and an association of nonprofit rural electric cooperatives, had standing to institute this proceeding under § 313(b) of the Federal Power Act to set aside the Commission's order. Pp. 345 U. S. 154-156.

2. Congress has not withdrawn, as to the Roanoke Rapids site, the jurisdiction of the Federal Power Commission to issue such a license. Pp. 345 U. S. 156-172.

3. Under § 7(b) of the Federal Power Act, the Commission's concurrence in the recommendation of the Corps of Engineers did not preclude the Commission from issuing such a license. Pp. 345 U. S. 172-174.

191 F.2d 796, affirmed.

The Federal Power Commission ordered issuance of a license to a private power company to construct a hydroelectric generating plant at Roanoke Rapids, N.C. 87 P.U.R.(N.S.) 469. The Court of Appeals denied a petition to set aside this order. 191 F.2d 796. This Court granted certiorari. 343 U.S. 941. Affirmed, p. 345 U. S. 174.

Page 345 U. S. 154