Scenic Hudson Preservation Conference v. Federal Power Commission

Scenic Hudson Preservation Conference v. Federal Power Commission
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
Location of Storm King Mountain in New York State.

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 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]

Background

Storm King from the Breakneck Ridge train station across the Hudson

This case is part of a 17-year (1963–1982) dispute. In 1963 Consolidated Edison announced plans to build a hydroelectric power plant on Storm King Mountain. In response to the proposal, citizens formed the Scenic Hudson Preservation Conference to provide a stronger unified voice against the project.[4] Despite their opposition, the Federal Power Commission granted Consolidated Edison the right to proceed. The Commission’s decision was immediately appealed and the matter was sent to the Second Circuit Court of Appeals. The timeline below provides a more thorough context of the different cases and significant decisions.

Parties involved

Scenic Hudson Preservation Conference was a collection of concerned citizens and local fishermen. The cities of Phillipstown, Putnam Valley, Cortland, and Yorktown are all located in the vicinity of Storm King Mountain and wanted to halt development.

Several towns joined Scenic Hudson as plaintiffs. The towns were located along the Hudson River within the vicinity of Storm King. These surrounding local governments felt as though the development of the storage facility along with the additional transmission lines would adversely affect them.

Consolidated Edison was, and as of 2013 still is, a large investor-owned utility in New York. With populations growing in New York, Consolidated Edison was seeking a reliable source of energy to meet the needs of the population.

Appeals court

This case was tried in the U.S. Court of Appeals, 2nd Circuit. It was argued on October 8, 1965 and decided on December 29, 1965. The case was remanded to lower courts. The case was presented before Chief Judge J. Edward Lumbard and Circuit Judges Sterry R. Waterman and Hays. The decision was written by Justice Hays.

Issues

The main issue presented in this case is whether aesthetic harm can suffice as an injury-in-fact in order to establish standing. The "injury in fact" test requires both an "injury to a cognizable interest" and that "the party seeking review be himself among the injured."[5]

The Storm King project was to be located in an area of unique beauty and major historical significance. The highlands and gorge of the Hudson offer one of the finest pieces of river scenery in the world. The great German traveler Baedeker called it "finer than the Rhine." Petitioners' contention that the Commission must take these factors into consideration in evaluating the Storm King project is justified by the history of the Federal Power Act. Prior to this case, aesthetics were not considered worthy of standing in court. Environmental groups had to demonstrate a harm to a person or people (typically economic harm) before they could be allowed to challenge development in court and be heard.

The New York Court of Appeals set aside the Storm King license and remanded to the Federal Power Commission in a decision marking the birth of environmental law. The court stated that “The Commission's renewed proceedings must include as a basic concern the preservation of natural beauty and national historic sites, keeping in mind that in our affluent society, the cost of a project is only one of several factors to be considered.” In addition, the court ruled that “On remand, the Commission should take the whole fisheries question into consideration before deciding whether the Storm King Project is to be licensed.”[6]

This also helped to establish some of the largest environmental organizations today. See "Catalyst for other action," below.

Opinion of the Court

Presented by Justice Hays on behalf of Chief Justice Lumbard and Justice Waterman.

Standing

In United States law, the Supreme Court of the United States has stated, "In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues."[7]

This case was significant because the court decided the Scenic Hudson Preservation Conference was an "aggrieved party" under § 313(a) of the Federal Power Act and thus "has standing to challenge the Commission's order."[6] They were determined to be an "aggrieved party" because of their "special interest in aesthetic, conservational, and recreational aspects of power development."[6]

This was the first example of granting standing on the basis of aesthetic or environmental benefits.

Commission

The Second Circuit Court of Appeals held the following:

Remand

The licensing order of March 9 and the two orders of May 6 were set aside, and the case was remanded for further Federal Power Commission hearings.

Judicial timeline

The Storm King Decision incorporates 15 years of legal challenges, beginning with the first case in 1965. Below is the timeline:

Catalyst for other action

The Court’s decision to grant standing to the Scenic Hudson Preservation Conference, a conservation group with local members, established an important legal precedence for similar groups to be able to take legal action to protect the public interest. This case has been attributed as the birth of environmental law, which is now so firmly established, it is taught as a separate branch of legal studies at most law schools today.

This case sets a precedent for "attainment of standing to sue than for justiciability of aesthetic issues on their merits." [8] Within each case, it is important that aesthetic conditions be specifically mentioned within the applicable statutes. In the case of Scenic Hudson Preservation Conference v. Federal Power Commission case, this was the Federal Power Act.

Policy change

Though a powerful tool for environmental action, private litigation does not replace the proactive approach of states and the federal government establishing environmental standards.

Environmental organizations

The Natural Resources Defense Council started in 1970 from a partnership including attorneys of the Scenic Hudson Preservation Conference, led by Stephen Duggan.

See also

References

  1. 1 2 3 Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608 (2nd Cir. 1965).
  2. ↑ "E-law: What Started It All?". NRDC. Retrieved 2013-05-10.
  3. ↑ Lifset, Robert (August 5, 2014). Power on the Hudson: Storm King Mountain And The Emergence of Modern American Environmentalism (1st ed.). Pittsburgh: University of Pittsburgh Press. p. 328. ISBN 978-0822963059.
  4. ↑ "Our History". Scenic Hudson Preservation Conference. Retrieved 23 October 2014.
  5. ↑ Lujan v. Defenders of Wildlife, 504 U.S. 555, 563 (U.S. 1992).
  6. 1 2 3 Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F. 2d 608 (2d Cir. 1965), cert. denied. Sub nom. Consolidated Edison v. Hudson River Preservation Conference, 384 U.S. 941 (1966).
  7. ↑ Warth v. Seldin, 422 U.S. 490, 498 (U.S. 1975).
  8. 1 2 3 Smardon, R.C. (April 1979). "The interface of legal and esthetic considerations" (PDF). Proceedings of Our National Landscape. National Conference on Applied Techniques for Analysis and Management of the Visual Resources. Incline Village, Nevada. pp. 676–685. Retrieved 22 October 2014.
  9. ↑ Izaak Walton League of America v. St. Clair, 313 F.Supp. 1312 (D. Minn. 1970).
  10. ↑ Parker v. US, 448 F.2d 793 (10th Cir. 1971).
  11. ↑ Sierra Club v. Morton, 405 U.S. 727 (U.S. 1992).
  12. ↑ Friends of the Earth v. Armstrong, 485 F.2d 1 (10th Cir. 1793).
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