Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

We commented there: "In this case, as in many others, the Commission has claimed to be the representative of the public interest. This role does not permit it to act as an umpire blandly calling balls and strikes for adversaries appearing before it; the right of the public must receive active and affirmative protection at the hands of the Commission."
—noting that the public interest includes consideration of aesthetic, conservation, and recreational needs, and that the Federal Power Commission alone could not protect these interests
- in LENGTH: 35895 words and 23 similar citations
—hereinafter cited as Scenic Hudson I, this court vacated the Federal Power Commission's grant of a license to Consolidated Edison Company of New York, Inc., for construction of a hydroelectric pump-storage plant [1] on Storm King Mountain in Cornwall, New York.
See, for example, the Sierra Club in the Mineral King controversy [31; 51, pp. 716-718; 541, and the Scenic Hudson Preservation Conference and other groups in the Storm King controversy [34, 501
We see no justification for the Commission's fear that our determination [granting standing] will encourage "literally thousands" to intervene and seek review in future proceedings.
- in Scanwell Laboratories, Inc. v. Shaffer, 1970 and 20 similar citations
In other areas of administrative law, courts have required agencies to consider possible alternatives although no statutory requirement existed.
As the United States Court of Appeals for the District of Columbia Circuit noted, "the dockets... have not increased appreciably as a result of new cases in which standing would previously have been denied
The court said that the Commission had "an affirmative duty to inquire into and consider all relevant facts."
- in Associated Gas Distributors v. FERC, 1987 and 16 similar citations
—representatives of "aesthetic, conservation and recreation" interests not resident of the town where the project was to be located
- in Evans v. Lynn, 1975 and 15 similar citations
—the petitions challenged three 1965 orders of the Commission licensing the project and refusing to reopen proceedings and take additional evidence on various issues.

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