These anthropocentric fears caused us to turn to laws and legal institutions to address the growing exploitation of open access resources and the onslaught of negative environmental externalities

Accordingly, on December 14, 1970, the appellants filed a petition for certiorari, before judgment and on December 18, 1970, over the dissents of four Justices, the Supreme Court vacated its stay.

—location approval” was sought under 23 USC § 103 (1970) as a pre-requisite to a possible subsequent request for federal funds.

Major highways built through city neighborhoods and parks, which led to urban decay and destruction of parkland, and massive hydroelectric dams in the West with little energy benefits but significant environmental harm are just two examples.

See 23 USC 128 (1964 ed., Supp. V) and regulations promulgated thereunder, 34 Fed. Reg. 727-730 (1969).[Footnote 2]

In 1970, Justice Douglas dissented when the Supreme Court majority lifted an injunction on construction of a super highway that would negatively impact beautiful parkland in San Antonio, Texas, praising public parks as “the breathing space of urban centers

How can end segments of a highway aimed at the heart of a park he approved without appraising the dangers of drawing a dotted line between the two segments? 17.

The Fourth Circuit found that the developed segments would "stand like gun barrels pointing into the heartland of the park."

—expressing dismay at refusal of the Supreme Court to review US Department of Highway decision to approve a highway that would destroy a city park

In adopting NEPA Congress resolved not to allow Federal agencies or funds to be used in a predatory manner so far as the environment is concerned.

[BOOK] Limits of Constraint: The Originalist Jurisprudence of Hugo Black, Antonin …

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[PDF] The right of non-use.