New Hampshire

Calvert Cliffs' Coordinating Committee, Inc. v. United States Atomic Energy Commission in New Hampshire Law

How Calvert Cliffs' Coordinating Committee, Inc. v. United States Atomic Energy Commission applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Other.

State Approach

New Hampshire courts, like federal courts, emphasize environmental protection and public participation in regulatory processes. The principles established in Calvert Cliffs resonate with state efforts to enhance transparency and public input in energy-related decisions.

State Rule
In New Hampshire, the state rule mirrors the federal concern for ensuring that environmental impacts are adequately considered before regulatory approvals are granted, requiring compliance with the New Hampshire RSA 162-H governing siting of energy facilities.
Significant State Cases

New Hampshire Department of Environmental Services v. City of Concord

The court ruled that the environmental review process must allow for public comment and participation, similar to the standards in Calvert Cliffs.

New Hampshire Electric Cooperative v. New Hampshire Public Utilities Commission

The court emphasized the necessity of evaluating environmental consequences in utility projects, aligning with the precedent set by Calvert Cliffs.

Concerned Citizens of New Hampshire v. New Hampshire Department of Environmental Services

The court mandated that public interests and environmental reviews take precedence in decision-making, echoing the principles from Calvert Cliffs.

Comparison to Federal Law

New Hampshire's approach generally aligns with federal standards set forth in Calvert Cliffs but may include additional state-specific requirements that mandate local public engagement. This could create a more stringent review process than the federal guidelines.

Bar Exam Note

Knowledge of public participation in environmental regulation, as influenced by cases like Calvert Cliffs, is relevant for New Hampshire bar exam candidates, particularly in sections involving administrative or environmental law.

Practice Pointers
  • Always assess the adequacy of public participation in regulatory proceedings.
  • Familiarize yourself with RSA 162-H when dealing with energy facility siting matters in New Hampshire.
  • Prepare to defend or challenge decisions based on environmental impact assessments and regulatory compliance.

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