Manhattan College

ENVL417 - Environmental Law

Instructor: Dr. Walter F. Matystik

Assignment: Week 2

- Read text: Chapter 10 NEPA and be prepared to discuss during Weeks 2-3

- Read Scenic Hudson and Sierra Club cases and answer the following:

  • What engineering project was the subject matter of the Scenic Hudson case?
  • What are some of the pros and cons of this project?
  • Why did the Federal Power Commission claim that Scenic Hudson lacked standing? What did the Court rule and why?
  • Why was the consulting engineer's testimony so important?

  • According to the Sierra Club case, what must someone claim who wants to challenge federal action impacting the quality of the environment?
  • How could the Sierra Club have met this requirement?
  • If you were a Sierra Club member that never planned to visit the proposed site yet opposed the project, could a lawsuit be brought on your behalf?

  • Is the standing decision of Scenic Hudson still valid after Sierra Club?
  • Scan through the Lujan,Gwaltney,Magnesium III, and Friends of the Earth (2-Ct. of Appeals) and (3-Supreme Court) cases. What trend do you see? Based on these cases, how would you state the current rule for standing? ie if you were advising e.g the Sierra Club, what would you tell them is necessary to satisfy the standing requirement as of January, 2000?