ELR Citation: ELR 20496
No(s). s. 35678 et al (2d Cir. Oct 22, 1971)

Petitions for review which sought to have set aside an order of the Federal Power Commission granting a license for construction of a pumped storage project on the Hudson River at Storm King Mountain denied. The Commission's order, now modified in accordance with the court's remand in Scenic Hudson Preservation Conference v. FPC, 1 ELR 20292 (1965), complies with applicable statutes and is based upon findings supported by substantial evidence, which is the statutory standard for judicial review set out in the Federal Power Act. In 1965, the court required the Commission to weigh a number of factors to which it had given inadequate consideration. These factors—the conservation of natural resources, the maintenance of natural beauty, the preservation of historic sites, and the consideration of alternative plant locations, fish protective devices and underground transmission facilities—have now been weighed against technical and economic considerations in a hearing opened broadly to all relevant matters, including the possible hazards to New York City's supply of water through the Catskill Aqueduct, and have been found by the Commission to be insufficient to overcome the need for the project. The National Environmental Policy Act of 1969 applies, but the Commission has fully complied with it. In dissent, Circuit Judge Oakes would reverse without remand, reasoning that the Commission's findings with respect to the Catskill Aqueduct are inconsistent and insufficient, its findings as to the effect of the project upon air pollution in New York City are incomplete and fail to take into account relevant factors, and its implementation of the National Environmental Policy Act is improper.

Counsel for Petitioner Scenic Hudson Preservation Conference:
Lloyd K. Garrison
Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison
345 Park Avenue
New York, NY
(212) 935-8000

Philip Weinberg Asst. Attorney General
Attorney General's Office
State Capitol
Albany, NY 12224
(518) 474-2121

Counsel for Petitioner Palasades Interstate Park Commission
Samuel A. Hirshowitz First Asst. Attorney General
Attorney General's Office
State Capitol
Albany, NY 12224
(518) 474-2121

Counsel for Petitioner City of New York
Eugene Margolis
Corporation Counsel
Law Department, City of New York
Municipal Building
New York, NY
(212) 566-3929

Counsel for Petitioner The Sierra Club and Its Atlantic Chapter
Lloyd Garrison
Winer, Neuburger & Sive
445 Park Avenue
New York, NY 10022
(212) 421-2150

Counsel for Petitioner The Wilderness Society
Lloyd K, Garrison
Marshall, Bratter, Greene, Allison & Tucker
430 Park Avenue
New York, NY
(212) 421-7200

Counsel for Petitioners Izaak Walton League of America, National Audubon Society and National Parks and Conservation Association
Lloyd K. Garrison
Natural Resources Defense Council
36 W. 44th Street
New York, NY 10036
(212) 986-8310

Counsel for Respondent
Gordon Gooch
General Counsel
Federal Power Commission
Room 2905
441 G Street, NW
Washington, DC
(202) 386-5443

Counsel for Intervenor Consolidated Edison Company of New York, Inc.
Cameron F. MacRae
LeBoeuf, Lamb, Leiby & MacRae
One Chase Manhattan Plaza
New York, NY 10005
(212) 422-6262

Counsel for Intervenor Town of Cornwall
James R. Loeb
Rider, Weiner & Loeb
178 Grand
Newburgh, NY
(914) 562-8700