Written by attorneys · grounded in primary & secondary sources — see below
The characteristic of being possible to accomplish or implement given practical, economic, or legal constraints.
Sources & Authorities· 27 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Evidence of Post-Accident Guardrail
Fiona Foster sued Fairfield Bank after a customer fell in the lobby. The bank later installed a handrail at the same spot. At trial Fiona offered the installation to show a precaution was possible. The court admitted the evidence solely to prove feasibility of the measure.
Nuisance Claim Against Factory Emissions
Francisco Frost operated a chemical plant whose fumes damaged neighboring crops. The owners of Fisher Foods sued, claiming the harm was serious. The court found continuation of operations remained feasible because the cost of compensating all affected farms would not force the plant to close.
Floyd Franklin challenged a statute directing the Attorney General to register pre-Act offenders to the maximum extent feasible. The Court upheld the delegation because the feasibility standard supplied an intelligible principle guiding the agency's discretion.
Gundy v. United States139 S. Ct. 2116 (2019)
NEPA Alternatives Analysis
Falcon Dynamics proposed a nuclear plant. Environmental groups demanded discussion of remote alternatives. The agency limited the statement to feasible options whose effects could be readily ascertained, excluding speculative proposals.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Environmental Impact Statement Scope
Francesca Fiore challenged an agency decision that omitted certain alternatives from its impact statement. The Court held that NEPA requires discussion only of alternatives that are feasible in light of basic statutory and policy constraints.
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council435 U.S. 519, 542 (1978)
State Nuclear Regulation Preemption
Felicity French challenged a state commission order conditioning nuclear plant construction on economic findings. The Court held the order was not preempted because it addressed feasibility questions within traditional state authority over utility economics.
Pacific Gas and Electric Co. v. State Energy Resources Conservation and Development Commission461 U.S. 190, 103 S. Ct. 1713, 75 L. Ed. 2d 752 (1983)
Common questions
Frequently Asked
3
When may evidence of subsequent remedial measures be admitted to prove feasibility?+
The court may admit the evidence when the feasibility of precautionary measures is disputed. The rule bars the evidence only when offered to prove negligence or product defect.
How does economic feasibility affect a nuisance claim under the Restatement?+
Continuation of the conduct remains reasonable if the financial burden of compensating for the harm would not render the activity not feasible. Serious harm alone does not make the conduct unreasonable when compensation is affordable.
What does a feasibility standard require in a nondelegation challenge?+
A statute directing an agency to act to the maximum extent feasible supplies an intelligible principle when it guides the agency among technological, economic, or administrative options.
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…and areas. [^maj-6]: The consensus is that widespread public ownership of historic properties in urban settings is neither feasible nor wise. Public ownership reduces the tax base, burdens the public budget with costs of acquisitions and maintenance, and results in the preservation of public buildings as museums and…