Court of Appeals Lets Black Rock Stay Water-Free

The United States Court of Appeals for the Second Circuit made last Wednesday a good day at Black Rock.

By blocking a Hudson River hydroelectric project, the court reprieved a portion of the Harvard Black Rock Forest scheduled to be inundated by an 8-billion-gallon reservoir.

Hugh M. Raup, director of the Harvard Forest, said yesterday that he was following the legal battle with interest. He pointed out, however, that the threatened loss of 230 acres would not significantly affect the 3700-acre forest, which is used to train graduate students for research in silviculture.

Reservoir for Con Ed

The proposed reservoir would store water pumped up from the Hudson and release it to run generators by its descent. With a 12-million-kilowatt capacity, the $162 million Consolidated Edison installation would be the largest of its kind in the world.

Citizens and conservation groups have opposed the project from the start, citing both esthetic and historical reasons. Last week's decision, handed down in New York City, came in response to a petition brought by the Scenic Hudson Preservation Conference and three local towns.

FPC Must Reconsider

The three-judge court ruled that the Federal Power Commission had not given adequate consideration to alternative proposals before it licensed the Con Ed plant and ordered the FPC to hold further hearings and reconsider its stand.

Con Ed spokesmen have not indicated whether they will bring their case before the FPC again or appeal to the U.S. Supreme Court.