Greene County Planning Board v. Federal Power Commission
United States Court of Appeals for the Second Circuit
455 F.2d 412 (1972)
- Written by Jody Stuart, JD
Facts
The Power Authority of the State of New York (power authority) requested a license from the Federal Power Commission (commission) (defendant) to construct a high-voltage transmission line. If approved, the transmission line would cut a swath 35 miles long and 150 feet across the affected counties. In accordance with commission regulations, the power authority filed an environmental-impact statement, which the commission reviewed for sufficiency of form and then circulated for comment to agencies with expertise in any environmental impact involved. The power authority’s impact statement began by stating that neither the construction nor operation of the transmission line would have any significantly adverse impact on the environment. Subsequently, the commission conducted public hearings on the project proposal before it prepared and issued its own environmental-impact statement. Greene County Planning Board (Greene) (plaintiff) filed a motion with the commission alleging that the commission did not comply with the National Environmental Protection Act (act). The commission denied the motion, and Greene appealed. Greene asserted that the act required the commission to issue its environmental-impact statement prior to any formal hearings on the proposal. The commission asserted that it was not required to make its own impact statement until filing its final decision on the proposal and that circulating the power authority’s impact statement prior to the hearings was sufficient.
Rule of Law
Issue
Holding and Reasoning (Kaufman, C.J.)
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