Scenic Hudson Preservation Conference v. Federal Power Commission
Headline: Conservation and city challenges to a New York pumped‑storage reservoir are left in place as the Court refuses review, keeping the lower court and agency approval intact for the Storm King project.
Holding: The Court denied review, leaving intact the appeals court’s affirmation of the Federal Power Commission’s license for Consolidated Edison’s Storm King pumped‑storage project.
- Leaves Second Circuit’s approval of the Storm King license in effect.
- Allows Consolidated Edison’s pumped‑storage project to proceed unless further challenged.
- Raises concerns about agency compliance with environmental‑impact statement rules.
Summary
Background
Conservation groups, local residents, and the City of New York challenged a license the Federal Power Commission granted to Consolidated Edison to build a pumped storage reservoir and hydroelectric plant on Storm King Mountain. The Second Circuit reviewed the agency record, heard objections about water supply and environmental harm, and ultimately affirmed the Commission’s approval after earlier remands and hearings.
Reasoning
The central question presented in the petitions was whether the Commission complied with the National Environmental Policy Act’s duties to consider environmental effects and to prepare a detailed environmental impact statement and alternatives. The court below concluded the Commission’s hearings, consultations, and final opinion satisfied the statute and applied a substantial‑evidence standard. The Supreme Court declined to review those legal rulings, leaving the appeals court’s outcome in place.
Real world impact
Because the Supreme Court denied review, the Commission’s license and the Second Circuit’s affirmation remain controlling for now, potentially allowing the Storm King project to proceed unless new legal steps intervene. The decision also leaves unsettled questions about how and when agencies must prepare written environmental impact statements and how detailed those statements must be.
Dissents or concurrances
Justice Douglas dissented from the denial and argued the Commission failed to prepare the required impact statement, undervalued environmental risks (including water supply and air pollution), and neglected to study a no‑build option or generate alternatives.
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