Scenic Hudson Preservation Conference v. Federal Power Commission’s Empirical Analysis
354 F.2d 608 · 1965
Citation profile
171 federal appellate · 23 district · 34 state decisions
How this case has been cited
Cited by 307 later decisions (6 by the Supreme Court) — most recently July 2017 · most notably Association of Data Processing Service Organizations, Inc. v. Camp (1970), Flast v. Cohen (1968)
171 federal appellate · 23 district · 34 state decisions — followed in 15 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 16 U.S.C. § 791A (§ 321 of the Federal Power Act of 1920) · 16 U.S.C. § 796 (§ 3 of the Federal Power Act of 1920) · 16 U.S.C. § 798 (§ 5 of the Federal Power Act of 1920) · 16 U.S.C. § 803 (§ 10 of the Federal Power Act of 1920) · 16 U.S.C. § 825 (§ 301 of the Federal Power Act of 1920) · 16 U.S.C. § 825G (§ 308 of the Federal Power Act of 1920) · 16 U.S.C. § 825I (§ 310 of the Federal Power Act of 1920)
Relies on School District of Abington Township Pennsylvania v. Schempp J Murray III · Zorach v. Clauson · Engel v. Vitale · Federal Communications Commission v. Sanders Bros. Radio Station · Scripps-Howard Radio, Inc. v. Federal Communications Commission
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 307 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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.”
12 later decisions quote this exact passage · from the majority“[i]n order to insure that the . . . [federal government] will adequately protect the public interest in the aesthetic, conservational, and recreational aspects . . . those who by their activities and conduct have exhibited a special interest in such areas,”
7 later decisions quote this exact passage · from the majority““§ 803. Conditions of license generally. All licenses issued under sections 792, 793, 795-818, and 820-823 of this title shall be on the following conditions : * ***** (a) That the project adopted, * * shall be such as in the judgment of the Commission will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water-power development, and for other beneficial public uses, including recreational purposes; and if necessary in order to secure such plan the Commission shall have authority to require the modification of any project and of the plans and specifications of the project works before approval.” 354 F.2d at 614 (emphasis added by the court).”
4 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.