STUDENTS CHALLENGING REGULATORY AGENCY PROCEDURES (S. C. R. A. P.), Plaintiff,
and
Council On Environmental Quality, Involuntary Plaintiff,
and
Environmental Defense Fund et al., Plaintiffs-Intervenors
v.
The UNITED STATES of America and The Interstate Commerce Commission, Defendants,
and
The Aberdeen and Rockfish Railroad Company et al., Defendants-Intervenors.
United States District Court, District of Columbia.https://leagle.com/images/logo.png
July 10, 1972.
July 10, 1972.
Attorney(s) appearing for the Case
Peter H. Meyers and John F. Banzhaf, III, Washington, D. C., for plaintiff.
Scott H. Lang and John F. Dienelt, Washington, D. C., for plaintiffs-intervenors.
William M. Cohen, Atty., Department of Justice, for defendant United States of America.
Fritz R. Kahn, General Counsel, and James F. Tao, Atty., Interstate Commerce Commission, for defendant Interstate Commerce Commission.
Charles A. Horsky, Michael Boudin and James L. Tapley, Washington, D. C., Edward A. Kaier, Philadelphia, Pa., T. A. Miller, San Francisco, Cal., and Albert B. Russ, Jr., Richmond, Va., for defendants-intervenors.
Before WRIGHT, Circuit Judge, and RICHEY and FLANNERY, District Judges.
United States District Court, District of Columbia.
J. SKELLY WRIGHT, Circuit Judge:
This case is before us on plaintiff's motion for a preliminary injunction and defendant's cross-motion to dismiss.1 It presents important issues concerning the applicability of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. (1970), to agency rate making procedures. More broadly, it tests once again our commitment "to use all practicable means and measures * * * in a manner...
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