ELR Citation: ELR 20436
No(s). s. 71-1219 et al (U.S. Jun 19, 1972)

The Supreme Court denied certiorari, thus letting stand the decision of the Second Circuit (1 ELR 20496) that refused to set aside the grant of a license to build an electric generating plant at Storm King Mountain. In dissent, Justice Douglas stated that he would grant certiorari to determine whether the balance struck by the FPC between benefits and environmental costs was correct and to determine whether the procedural steps followed by the FPC complied with §102 of the National Environmental Policy Act. Specific procedural deficiences, according to the dissent, may have included the FPC's failure to have an impact statement prepared prior to their decision, failure to raise environmental costs and alternatives on their own motion, and failure to make precise, explicit disclosure of the value judgments that went into striking the balance in favor of building the power plant.

Counsel for Petitioner Scenic Hudson Preservation Conference
Lloyd K. Garrison
Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison
345 Park Avenue
New York, NY

Counsel or Petitioner The Sierra Club and Its Atlantic Chapter
Lloyd Garrison
Winer, Neuberger & Sive
445 Park Avenue
New York, NY 10022

Counsel for Respondent
Gordon Gooch General Counsel
Federal Power Commission
Room 2905
441 G Street NW
Washington, DC

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