Reading Room Document

Constitutionality of Proposed Energy Mobilization Board Legislation

This document is a memorandum discussing the proposed Energy Mobilization Board legislation and its constitutional aspects. The Board would be established to expedite the completion of designated critical energy facilities to reduce the nation's reliance on imported oil. The memorandum addresses constitutional questions regarding the Board's decision-making authority, waiver of state procedures, displacement of state and local decision-making, and judicial review of state and local decisions. It concludes that the Board may be granted authority to subject state and local agency decision-making to the Schedule, waive non-constitutional procedural requirements, and act in place of such agencies when they fail to meet the Schedule. The document also discusses the constitutional jurisdiction of federal courts to hear challenges to approval decisions made by state and local agencies.

July 24, 1979