Storm King: Cornerstone of the Environmental Movement

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Frances Dunwell, coordinator, Hudson River Estuary Program/NYS Department of Environmental Conservation, and author of The Hudson River Highlands and The Hudson: America’s River, both published by the Columbia University Press,describes the controversy over a 1962 proposal to build a huge power plant at Storm King Mountain in the Lower Hudson Valley. Known as the Scenic Hudson case, it sparked a 17-year legal battle credited with launching modern environmental activism and setting precedents that require environmental impact statements and allow citizen groups to sue to protect scenery and natural resources.

Transcript

Fran DunwellThe Hudson River Estuary Program, NYSDEC

How 1960s River Activism Led to New Laws

and Launched the Modern Environmental Movement

1960s activism coincides with civil rights, women’s rights

• Storm King case gave citizens the right to

sue to protect the environment

• Scenic Hudson decision required environmental review & led to passage of National Environmental Policy Act

• Clearwater and Riverkeeper set the stage for the federal 1972 Clean Water Act

Some important background:

Revolutionary War battleground

1825-1875: River scenery inspired a national art movement.

T. Chambers 1840

1850: Renaming of places to reflecttheir meaning:

“Butter Hill” becomes “Storm King”

1874: Conservation begins: Protect Adirondack forests to

save the Hudson = water supply for commerce (NY Board of Trade)

Palisades conservation 1900s; Hudson Highlands 1930s

1961, the fun begins: Pete Seeger sings:

“Sailing up my dirty stream, Still I love it, and I’ll keep the dreamThat one day, though maybe not this year,My Hudson River will once again run clear”

1963: Storm King & Breakneck: power plants proposed

18 year court battle begins

“The best [site] in the world for … a hydrostation”

Con Edison 1963

Scenic Hudson: “Stop!!! Scenery grander than the Rhine”

Francis Augustus Silva

“Alternative sources of power have not been assessed”

Directed the Federal Power Commission to consider impact on natural beauty.

Set Precedent for environmental review-NEPA (1969).

Gave citizen groups “standing” to sue and to represent the public interest in court. Led to NRDC, EDF, Riverkeeper, etc.

October 1965 U.S. Court of Appeals:

New problem: industrial waste PCBs, DDT, dioxin, cadmium, mercury

New court precedents - Hudson River Fishermen’s Association, formed in 1969, begins suing under 1888 & 1899 laws. Wins & collects half the fine!!

* 1969: Clearwater launched

* 1970: sails to Washington for the first Earth Day, Seeger sings to Congress

* 1972: Clean Water Act passed

1973: HRFA argues that Con Ed fish studies failed to

consider that the HR was tidal

1974: Court of Appeals orders further studies of striped bass.

1980: “Peace Treaty on the Hudson”

Con Ed : “The utility industry now recognizes its responsibility to supply the electric energy needed by society in ways that will not unduly damage the natural environment.”

Events of 1960s lead to new river policies and programs

• 1987 Estuary Mgt Act

• 1991 Hudson River Valley Greenway law

• 1996 Hudson River Valley National Heritage Area

Estuary Program: Ecosystem approach

Would any of this have happened if Storm King was still “Butter Hill”?

Thank you !!

The Hudson River Estuary ProgramHelping people enjoy, protect and revitalize

the Hudson River and its Valley

845-256-3016 www.dec.ny.gov/lands/4929.html

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