text:
    No. 71-1252.
    Kamber v. United States.
   C. A. 7th Cir. Certiorari denied.


source: Caselaw Access Project

license: Public Domain

text:
    No. 71-1257.
    Moore et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 71-1259.
    Central Machine & Tool Co., Inc. v. National Labor Relations Board.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 71-1268.
    Brown et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 71-1270.
    McKee v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 71-1272.
    DeFont et al. v. United States et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 71-1273.
    Fried v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 71-1274.
    Wainwright v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 71-1275.
    Cobb v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 71-1277.
    No. 71-1296.
    Grimes et al. v. United States; and Guinn v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 454 F. 2d 29.


text:
    No. 71-1292.
    Alexander v. Richardson, Secretary of Health, Education, and Welfare.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 71-1308.
    Pritchard, aka O’Roarke v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 71-1335.
    Anselmo et al. v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 71-1348.
    Sobel, dba Script Shop East v. City of Lacy-Lakeview, Texas, et al.
   C. A. 5th Cir, Cer-tiorari denied.


text:
    No. 71-1350.
    Chambers et al. v. Nationwide Mutual Insurance Co.
   Sup. Ct. Ya. Certiorari denied.


text:
    No. 71-1354.
    Westinghouse Electric Corp. v. Titanium Metals Corporation of America.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 71-1395.
    Carollo v. S. S. Kresge Co., dba K-Mart.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 71-1374.
    Gellis v. City of Savannah, Georgia, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 71-1414.
    Beaudry v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 71-1448.
    Enso-Gutzeit O/Y et al. v. Siderewicz.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 71-5370.
    Hall v. Florida.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 71-6035.
    Fusaro v. California.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 71-6071.
    Payne v. Craven, Warden.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 71-6251.
    Cannito et al. v. Wolff, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 71-6258.
    Farese v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 71-6285.
    Avendano v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 71-6291.
    Childs v. Cardwell, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 71-6336.
    Robinson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 71-6426.
    DeBruhl v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 71-6427.
    Young v. Reed, Chairman, Board of Parole, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 71-6443.
    Clark v. Johnson et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 71-6446.
    Reed v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 71-6458.
    Grene v. Choate, U. S. District Judge.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 71-6462.
    Smith v. Rodgers, Jail Superintendent.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 71-6475.
    Williams v. Clark, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 71-6477.
    Masheioff v. American Export Lines, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 71-6478.
    Culberson v. Wainwright, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 71-6482.
    Harris v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 71-6483.
    Logan v. Slayton, Penitentiary Superintendent.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 71-6484.
    Ganci v. Henderson, Prison Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 71-6488.
    Johnson v. Colorado.
   Ct. App. Colo. Certiorari denied.


text:
    No. 71-6493.
    McGurrin v. Shovlin, Hospital Superintendent.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 71-6498.
    Diggs v. Early.
   Super. Ct. D. C. Certiorari denied.


text:
    No. 71-6499.
    Ruiz-Juarez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 71-6515.
    Pace v. Welsh.
   C. A. 1st Cir. Cer-tiorari denied.


text:
    No. 70-5013.
    Johnson v. Illinois.
   Sup. Ct. Ill. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1122.
    No. 71-1241.
    Beneficial Finance Co. et al. v. Massachusetts; and Household Finance Corp. et al. v. Massachusetts.
   Sup. Jud. Ct. Mass. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.

Reported below: - Mass.-, 275 N. E. 2d 33.


text:
    No. 71-1215.
    Tigerman v. United States.
   C. A. 9th Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1224.
    McGee v. United States.
   C. A. 7th Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1258.
    Demangone v. United States.
   C. A. 3d Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1271.
    Schneider v. Laird, Secretary of Defense, et al.
   C. A. 10th Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1334.
    Twentieth Century-Fox Film Corp. v. Desny.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.

Mb. Justice Douglas is of the opinion that cer-tiorari should be granted.


text:
    No. 71-1341.
    Behr et al. v. California.
   App. Dept., Super. Ct. Cal., County of Los Angeles. Certi-orari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1346.
    United Mine Workers of America v. Riverton Coal Co. et al.
   C. A. 6th Cir. Certiorari denied.

Mr. Justice Douglas is- of the opinion that certiorari should be granted..


text:
    No. 71-1362.
    Johnson v. Committee on Examinations & Admissions of the Supreme Court of Arizona.
   Sup. Ct. Ariz. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1384.
    New York, New Haven & Hartford Railroad Company First Mortgage 4% Bondholders Committee v. Baker et al., Trustees.
   C. A. 3d Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-6158.
    Foggy v. Arizona et al.
   Sup. Ct. Ariz. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-6502.
    Young v. Maryland.
   C. A. 4th Cir. Certiorari deniéd.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1266.
    Gettelman v. Commissioner of Internal Revenue.
   C. A. 7th Cir. Motion to dispense with printing petition granted. Certiorari denied.


text:
    No. 71-6514.
    Raysor et al. v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1078.
    Moity v. Louisiana.
   Sup. Ct. La. Certiorari denied.

Mr. Justice Douglas and Mr. Justice Brennan are of the opinion that certiorari should be granted.


text:
    No. 71-1365.
    Ranger Insurance Co. v. Culberson, Executrix, et al.
   C. A. 5th Cir. Motion of respondent Culberson for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 71-1412.
    Eyman, Warden v. Hart.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 71-1462.
    Solo Cup Co. v. Illinois Tool Works, Inc.
   C. A. 7th Cir. Motion of Sweetheart Plastics, Inc., for leave to file a brief as amicus curiae granted. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 70-78.
    Affiliated Ute Citizens of Utah et al. v. United States et al.,
   406 U. S. 128. Petition for rehearing denied:

Mr. Justice Powell and Mr. Justice Rehnqu'ist took no part in the consideration or decision of'this petition.


text:
    No. 71-962.
    Kelley et al. v. Texas State Board of Medical Examiners,
   405 U. S. 1073. Petition for rehearing denied.


text:
    June 13, 1972
    No. 71-1372.
    Bennett et al. v. Gravelle et al.
   C. A. 4th Cir. Petition for writ of certiorari dismissed under Rule 60 of the Rules of this Court.


text:
    June 19, 1972
    No. 71-1085.
    California v. Kaplan.
   Appeal from Sup. Ct. Cal. Motion of appellee for leave to proceed in forma pauperis granted. Appeal dismissed, it appearing that the judgment below rests upon an adequate state ground.


text:
    No. 71-1400.
    United Air Lines, Inc. v. Porterfield, Tax Commissioner of Ohio.
   Appeal from Sup. Ct. Ohio dismissed for want of substantial federal question.

Mr. Justice Douglas is of the opinion that probable jurisdiction should be noted. Mr. Justice Powell took no part in the consideration or decision of this appeal.


text:
    No. 71-1477.
    Dickens et ux. v. Ernesto et al.
   Appeal from Ct. App. N. Y. dismissed for want of .substantial federal question.

Mr. Justice Douglas is of the opinion that probable jurisdiction should be noted.


text:
    No. 71-5400.
    Hickman v. Virginia.
   Appeal from Sup. Ct. Va. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

Mr. Justice Douglas is of the opinion that probable jurisdiction should be noted.


text:
    No. 71-5723.
    McAllister v. Virginia.
   Appeal from Sup. Ct. Va. Motion of appellant for leave to proceed in forma pauperis granted. Judgment vacated and esse remanded for further consideration in light of Arger-singer v. Hamlin, Sheriff, ante, p. 25;

Mr. Justice Douglas would reverse judgment of lower court.


text:
    No. 71-1435.
    State Department of Health and Rehabilitative Services of Florida et al. v. Zarate et al.
   Appeal from D. C. S. D. Fla. Motion of appel-lees Herman and Pola Sheydwasser for leave to proceed in forma pauperis granted. Judgment affirmed.

Mr. Justice White is of the opinion that probable jurisdiction should be noted.


text:
    No. 70-5052.
    Kammerer v. Washington et al.
   Sup. Ct. Wash. Motion for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in fight oiArger-singer v. Hamlin, Sheriff, ante, p. 25. '


text:
    No. 70-5053.
    Fox v. City of Bellevue et al.
   Sup. Ct. Wash. Motion for leave to proceed in forma pau-peris and certiorari granted. Judgment vacated and case remanded for further consideration in fight of Argersinger v. Hamlin, Sheriff, ante, p. 25.


text:
    No. 71-5722.
    Wright v. Town of Wood.
   Sup. Ct. S. D. Motion for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration, in fight of Argersinger v. Hamlin, Sheriff, ante, p. 25.

Mr. Justice Douglas would grant certiorari and reverse the judgment of the lower court.


text:
    No. 71-6445.
    Jones v. United States.
   C. A. 3d Cir. Motion for leave to proceed in forma pauperis and certiorari granted. On representation of the Solicitor General set forth in his Memorandum for the United States, filed May 25, 1972, judgment is vacated and case remanded for reconsideration in light of position ■ presently asserted by the Government.


text:
    No. 71-1592.
    Auerbach et al. v. Mandel, Governor of Maryland, et al.
   Appeal from D. C. Md. Motion to expedite denied.


text:
    No. 71-6534.
    No. 71-6541.
    Ferre v. Brantley, Warden; and McCray v. Maryland.
   Motions for leave to file petitions for writs of habeas corpus denied.


text:
    No. 71-6573.
    Gerardi v. United States District Court for the Central District of California et al.
   Motion for leave to file petition for writ of mandamus denied.


text:
    No. 71-1369.
    Oswald, Correction Commissioner, et al. v. Rodriguez et al.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 71-1398.
    Warner, Secretary of the Navy v. Flemings.
   C. A. 2d Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted and case set for argument with No. 71-6314. [Cosa v. Mayden, Warden], infra.


text:
    No. 71-6314.
    Gosa v. Mayden, Warden.
   C. A. 5th Cir. Motion of petitioner for. leave to proceed in forma pauperis granted. Certiorari granted and case set for argument with No. 71-1398 [Warner, Secretary of the Navy v. Flemings], supra.


text:
    No. 71-1206.
    DePugh v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 71-1260.
    School Town of Speedway et al. v. Dillin, U. S. District Judge, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 71-1290.
    No. 71-1307.
    No. 71-6519.
    Binder v. United States; Samuels v. United States; and Blauner v. United States.
   C. A. 2d Cir. Certiorari denied. Reported below: 453 F. 2d 805.


text:
    No. 71-1295.
    Wenger v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 71-1299.
    Karneges et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 71-1366.
    Marino et al. v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud.. Dept. Certiorari denied.


text:
    No. 71-1367.
    Rockwell-Standard Corp. v. Scaife Co.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 71-1379.
    Watts v. Teagle et al.
   Ct. App. Ga. Certiorari denied.


text:
    No. 71-1375.
    City of Hickory Hills v. Village of Bridgeview et al.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 71-1385.
    Spagat et al. v. Mahin, Director of Revenue of Illinois, et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 71-1388.
    No. 71-1389.
    Grivetti et al. v. Scott, Attorney General of Illinois; and Partee et al. v. Scott, Attorney General of Illinois.
   Sup. Ct. Ill. Certiorari denied. Reported below: 50 Ill. 2d 156, 277 N. E. 2d 881.


text:
    No. 71-1415.
    Ross v. Tait.
   Sup. Ct. Mich. Cer-tiorari. denied.


text:
    No. 71-1420.
    Teperich v. North Judson-San Pierre High School Building Corp. et al.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 71-1466.
    Gorsalitz v. Olin Mathieson Chemical Corp.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 71-5611.
    Walsh et al. v. Picard, Correctional Superintendent.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 71-6074.
    Ray v. Brierley, Warden.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 71-6167.
    Hatton v. Smith, Warden.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 71-6190.
    Troxell v. Cardwell, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 71-6169.
    Hawkins v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 71-6281.
    Beishir et al. v. Swenson, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 71-6284.
    Andrews v. North Carolina.
   Ct. App. N. C. Certiorari denied.


text:
    No. 71-6394.
    Talbott v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 71-6454.
    Revel et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 71-6465.
    DeLuzio v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 71-6474.
    Erwing v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 71-6494.
    Alkes v. United States Board of Parole et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 71-6526.
    Upsher v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 71-6530.
    Lovisi v. Virginia.
   Sup. Ct. Va. Cer-tiorari denied.


text:
    No. 71-6531.
    Sires v. Pinnock.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 71-6533.
    Plott v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 71-6542.
    Lemon v. Yeager, Principal Keeper.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 71-6545.
    Sweeney v. New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 71-6548.
    Spinelli v. United States.
   G. A. 2d Cir. Certiorari denied.


text:
    No. 71-6559.
    McReynolds v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 71-6560.
    Mayberry v. Yeager, Principal Keeper.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 71-6561.
    Laietta v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 71-6562.
    LaFay v. Fritz, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 71-6563.
    Hacker v. Gaffney, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 71-6577.
    Dockery v. California.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 71-6578.
    Pillis et al. v. Governor of Virginia et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 71-6581.
    Lopez v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 71-6590.
    Moore v. Powell, Correctional Superintendent.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 71-6591.
    Caruso v. New York et al.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 71-6597.
    Junior v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 71-6593.
    Butler v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 71-6595.
    Stokes v. Kentucky.
   Ct. App. Ky. Certiorari denied.


text:
    No. 71-6599.
    Spillers v. Northern Assurance Company of America et al.
   Sup. Ct. La. Certiorari denied.


text:
    No. 71-6600.
    In re Wayland.
   .Sup. Ct. Okla. Cer-tiorari denied.


text:
    No. 71-6602.
    Stell v. Benjamin.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 71-6605.
    Livingston v. Mobil Oil Corp.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 71-6608.
    Abraham v. Ohio.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 70-50.
    Consolidated City of Jacksonville et al. v. Wooley.
   C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certio-rari denied.


text:
    No. 71-898.
    Northern California Collection Service, Inc., of Sacramento v. Randone et al.
   Sup. Ct. Cal. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 70-5304.
    Bell v. Kentucky.
   Cir. Ct. Ky., Fayette County. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should granted.


text:
    No. 71-1262.
    Herscovitz v. Board of Commissioners of the Utah State Bar.
   Sup. Ct. Utah. Certio-rari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-143.
    Stevens et al. v. Watson.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.

Mb. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1337.
    Johnson et al. v. Virginia.
   Sup. Ct. Va. Certiorari denied.

Mb. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1352.
    Mulvaney et al. v. New Jersey.
   Sup. Ct. N. J. Certiorari denied.

Mb. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1370.
    Hackett et al. v. General Host Corp. et al.
   C. A. 3d Cir. Certiorari denied.

Mb. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1406.
    Howard et al. v. Adams County Board of Supervisors et al.
   C. A. 5th Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that cer-tiorari should be granted.


text:
    No. 71-1424.
    Fitzgerald v. Superior Court of California, City and County of San Francisco (Southern Pacific Co., Real Party in Interest).
   Ct. App. Cal., 1st App. Dist. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-1460.
    Hamilton, Administratrix v. Chesapeake & Ohio Railway Co.
   C. A. 4th Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-6455.
    Harris v. United States.
   C. A. 4th Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-6100.
    Bridges v. Texas.
   Ct. Crim. App' Tex. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-6112.
    Miller v. United States.
   C. A. 10th Cir. . Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-6538.
    Huckabay v. Woodmansee, Judge, et al.
   C. A. 9th Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-6553.
    Spain v. Montanye, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 71-6616.
    Dixon v. United States.
   Ct. App. D. C. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


author: Mr. Justice Douglas,

text:
    No. 71-1219.
    No. 71-1220.
    No. 71-1221.
    Scenic Hudson Preservation Conference et al. v. Federal Power Commission et al.; City of New York v. Federal Power Commission et al.; and Sierra Club et al. v. Federal Power Commission et al.
   C. A."2d Cir. Motion to dispense with printing the Federal Power Commission opinion in No. 71-1219 to conform with Rule 39 of the Rules of this Court granted. Certiorari denied. Reported below: 453 F. 2d 463.

Mr. Justice Douglas,

dissenting.

These petitions should .be granted to consider whether the Federal Power Commission complied with its obligations under §§ 101 and 102 of the National. Environmental Policy Act of 1969, 83 Stat. 852, 42 U. S. C. §§ 4331 and 4332, in granting a license to Consolidated Edison Company of New York, Inc., for the construction of a pumped storage power project on, Storm ' King Mountain on the Hudson River.

Under § 101 of the Act federal agencies are instructed to take environmental consequences into account in their decisionmaking. That mandate was aimed partly at eliminating, the excuse which had often been offered by bureaucrats that their statutory authority did not authorize consideration of such factors in their policy decisions. See Udall v. FPC, 387 U. S. 428. More importantly, § 101 was meant as an affirmative duty “to consider environmental issues just as they consider other matters within their mandates.” Calvert Cliffs’ Coordinating Committee, Inc. v. AEC, 146 U. S. App. D. C. 33, 36, 449 F. 2d 1109, 1112.

.Section 102 requires that administrators incorporate certain procedures into their operating routines in order (1) to increase the likelihood that environmental consequences of agency action will not be unforeseen and (2) to insure that if a project is approved, an environmentally acceptable alternative will be chosen. Section 102 (2) (C) requires a detailed statement in connection with actions significantly affecting the quality of the human environment, specifying the environmental impact of the proposed action and alternatives. Section 102 (2) (D) places bureaus under an affirmative duty to study and develop alternatives where there are unresolved conflicts concerning the alternative uses of available resources.

This case poses issues under both sections. In 1964 the Consolidated Edison Company of New York (Con Ed) proposed to the Commission that it be allowed to construct a reservoir atop Storm King Mountain along with a hydroelectric generating plant to be driven by water falling from the reservoir. During the daytime hours when energy demand is high the plant would be operational, but during the evening hours when part of Con Ed’s existing facilities are normally idle, power from one of its existing plants would be used to pump water from the Hudson River to the reservoir. In 1965 the Commission approved the project but the Court of Appeals for the Second Circuit in a suit brought by conservationists and local residents set aside the order and remanded for more detailed consideration of various environmental aspects of the project. Scenic Hudson Preservation Conference v. FPC, 354 F. 2d 608 (CA2).

After more hearings had been completed but before the Commission acted, the National Environmental Policy Act of 1969 beeame effective. Although it has been conceded that the Act’s requirements were applicable in these proceedings, no further hearings were held; and no environmental impact statement was drafted. The Commission approved the project and. attempted to satisfy its procedural duties under § 102 by specifying certain environmental impact forecasts in its final opinion.

The Court of Appeals affirmed, over the dissent of Judge Oakes, who thought that the Commission had not discharged its obligations under NEPA. 453 F. 2d 463. The majority held that under § 101 the ultimate balance' of energy and environmental values was the responsibility of the Commission, and courts could upset only decisions not supported by “substantial evidence.” It also held, with respect tó the procedural requirements of § 102, that the Commission’s hearings and consultation with other agencies satisfied the command that a “systematic, interdisciplinary approach” be utilized. It also found that the Commission’s final opinion which contained its environmental findings would, under the circumstances, suffice as an environmental impact statement. A petition for rehearing en banc was denied by an equally divided court, with Judge Timbers dissenting in a short opinion which expressed doubt as to the validity of the majority’s reliance on the “substantial evidence” test, id., at 494.

I believe the Court of Appeals gave the Act too restrictive a meaning. As to the Commission’s duty to take environmental impact into account, Judge Oakes, in his dissenting opinion, made a strong case for the view that the Commission (a) misjudged the risk that project construction might work irreparable injury to one of three vital water supply systems serving New York City; (b) underestimated the extent of additional air pollution which would be generated by nighttime burning of fossil fuels in New York City in order to generate the power needed to pump the river water to the reservoir; and (c) generally undervalued environmental considerations while overvaluing engineering and economic considerations. Although value judgments are inevitable and even though the Commission’s balancing of environmental costs with other factors may be entitled to some deference, I share Judge Timbers’ doubts that under § 101 the balance struck by an agency unskilled in environmental matters should be reviewed only through the lens of the “substantial evidence” test. Cf. Citizens To Preserve Overton Park v. Volpe, 401 U. S. 402, 413 (“If the statutes are to have any meaning, the Secretary cannot approve the destruction of parkland unless he finds that alternative routes present unique problems”). But see Calvert Cliffs’, supra, at 39, 449 F. 2d, at 1115.

I also am not satisfied that the procedural obligations under § 102 were, honored. First, the Commission did not draft the impact statement required by § 102 (2)(C). Thus, when the Commissioners deliberated the fate of Storm King Mountain, they did not have before them a coherent study addressed to the environmental consequences of the project and alternatives to it. Another panel of the Second Circuit has recently ruled that the impact statement must be written before action is taken. Greene County Planning Board v. FPC, 455 F. 2d 412 (CA2). Administrators cannot attempt to comply with the Act by calling their final opinion their impact statement. True, here the hearings had been completed after the Act became effective. Yet the Commission could have deferred decision until its own § 102 statement was prepared.

Second, the Commission’s final opinion suggests that its consideration of environmental issues is required only when private citizens bring such problems to the agency’s attention. For example, in many passages of its opinion the Commission states that particular objections to the project had been rejected for lack of evidence in the administrative record. This approach— symptomatic of the phenomenon of bureaucratic “industry-mindedness” — wrongly assumed that a presumption of validity supported the Con Ed proposal and that environmental groups had a burden of proof to overcome.

Similarly, the Commission limited its inquiry primarily to those program alternatives which had been submitted by the conservationists opposing the Con Ed project. The agency did not generate its own alternatives, although Congress charged each federal agency to represent not only the public interest in general but also under NEPA to pay particular attention to the environmental ramifications of its actions. Whether or not conservationists appear to register dissent, the Commission is told in § 102 (2) (D) to “study, develop, and describe appropriate alternatives to recommended courses of action . . . The agency is directed to apply its own expertise and imagination in exploring less drastic alternatives. And, one' alternative, which went completely overlooked by the Commission, as Judge Oakes noted below, is not to build any project at all. Whether that option is realistic we do not know. Informing the public and Congress on that score is the function of the impact statement. In short, the Act requires that bureaucrats not only listen to protests, but also avoid projects that have imprudent environmental impacts. There is no burden of proof for the objector to overcome.

Finally, the Commission’s opinion is too imprecise to provide any helpful insight for -Congress, the. Council on Environmental Quality, or the public into what value judgments it made. We know that the Commission rejected alternatives with less deleterious environmental consequences on the ground that they were “more” costly and “less” reliable. But we have no reasonably precise notion of how much reliability and money were gained at the expense of the destruction of Storm King Mountain. Whether or not courts may review the Commission’s ultimate balance of these competing considerations, the fact remains that Congress and the public are entitled to know those’ judgments. One function of the § 102 statement is certainly.to make explicit the priorities of the agencies. That purpose is not' served where ail that is basically told is that the preferred alternative is cheaper and more reliable, though involving adverse implications for the surrounding ecology.

If this kind of impact statement is tolerated, then the mandate of NEPA becomes only a ritual and like the peppercorn a. meré symbol that has no vital meaning. The decision below is, in other words, the beginning of the demise of the mandate of NEPA.

I would grant these petitions.

       Section 101 of the National Environmental Policy Act, 83 Stat. 852, 42 U. S. C. § 4331, provides in pertinent part:
      “(b) In order to carry out the policy set forth in this Act, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other- essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may—
      “(1) fulfill- the responsibilities of each generation as trustee of the environment for succeeding generations;
      “(2) assure for all Americans' safe, healthful, productive, .and esthetieally and culturally pleasing surroundings;
      “(3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
      “(4) preserve important' historic, cultural, -and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice.”

       In that case we held that the grant of authority to this Commission to alienate federal water resources does not turn simply on whether the project .will be beneficial to the licensee. Nor is the test solely whether the “region will be able to use the additional power. We said: “The test is whether the project will be in the-public interest. And that determination can be made only after an exploration of all issues relevant to the 'public interest,’ including . . . the public interest in preserving reaches of wild rivers and wilderness areas, the preservation of anadromous fish for commercial and recreational purposes, and the protection of wildlife.” 387 U. S., at 450.
      The Commission’s attitude in that case reappeared in the present case: “Implicit'in the reasoning of the Commission and the Examiner is the assumption that this project must be built and that’it must be built now.” 387 U. S., at 448.

       Section 102 of the National Environmental Policy Act, 42 U. S. C. §4332, provides in pertinent part:
      “The Congress- authorizes and directs that, to the fullest extent possible: (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this Act, and (2) all agencies of the Federal Government shall—
      “(C) include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on-
      “(i) the environmental impact of the. proposed action,
      “(ii) any adverse environmental effects which cannot be avoided should the proposal be implemented,
      “(iii) alternatives to the proposed action,
      “(iv) the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity, and
      “(v) any irrevérsible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.
      “Prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall' be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of title 5, United States Code, and shall accompany the proposal through the existing agency review processes;
      “(D) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources . . .

       NEPA, §102 (2)(A).

       For example, see Judge Oakes’ dissent below, 453 F. 2d 463, 482. Scenic Hudson’s Petition A47. See also the opinion of the Federal Power Commission, No. 584, Consolidated Edison Company of New York, Inc., Project 2888, 44 F. C. C. 350: “There has been no showing that a combination nuclear-gas turbine alternative offers any advantages or indeed is even reasonably equivalent to Cornwall.” Id., at 377. “None of the interveners presented any evidence on alternative hydroelectric sites.” Id., at 379. “The record is uncontradicted, and we find, that there is no feasible hydroelectric alternative to Cornwall.” Ibid. “No party to this proceeding has suggested any other plan or project for improving or developing the waterway . . . .” Id., at 388. And see id., at 409 n. 25, stating in part that “[t]here is no evidence concerning the condition of the Aqueduct’s lining. Its structural integrity is unknown to the City or any of its witnesses.”


text:
    No. 71-1280.
    B. Forman Co., Inc., et al. v. Commissioner of Internal Revenue.
   C. A. 2d Cir. Certio-rari denied.

Mr. Justice Marshall and Mr. Justice Powell are of the opinion that certiorari should be granted.


text:
    No. 71-1392.
    County Board of Education of Fayette County, Tennessee v. Walker et al.
   C. A. 6th Cir. Certiorari denied.

Mr. Justice Marshall took - no part in the consideration or. decision of this petition.


text:
    No. 71-1457.
    Monsanto Co. v. Rohm & Haas Co.
   C. A. 3d Cir. Motion of American Patent Law Assn, for leave to file a brief as amicus curiae granted. Cer-tiorari denied.


text:
    No. 71-1196.
    No. 71-5172.
    Corey et al. v. State Savings & Loan Assn. et al., Dukes v. Warden.
   406 U. S. 920, and

406 U. S. 250. Petitions for rehearing denied.


text:
    No. 71-5845.
    Coleman v. Cramer,
   406 U. S. 910. Motion for leave to file petition for rehearing denied.


text:
    June 21, 1972
    No. 71-5217.
    Jernigan v. Economy Exterminating Co., Inc., et al.
   Appeal from D. C. N. D. Ga. dismissed under Rule 60 of the Rules of this Court.