STUDENTS CHALLENGING REGULATORY AGENCY PROCEDURES (S.C.R.A.P.), Plaintiff,
and
Council on Environmental Quality, Involuntary Plaintiff,
and
Environmental Defense Fund et al., Plaintiff-Intervenors,
and
National Association of Secondary Materials Industries, Inc., et al., Plaintiff-Intervenors,
and
Institute of Scrap Iron and Steel, Inc. and Julian C. Cohen Salvage Corporation, Plaintiff-Intervenors,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants,
and
The Aberdeen and Rockfish Railroad Company et al., Defendant-Intervenors.
United States District Court, District of Columbia.https://leagle.com/images/logo.png
February 19, 1974.
February 19, 1974.
Attorney(s) appearing for the Case
John F. Banzhaf, III, and Peter H. Meyers, Washington, D.C., for plaintiff SCRAP.
John F. Dienelt and Scott H. Lang, Washington, D.C., for plaintiff-intervenors Environmental Defense Fund and others.
Edward L. Merrigan, Washington, D. C., for plaintiff-intervenors National Association of Secondary Materials Industries, Inc. and others.
Thomas H. Boggs, Jr., George Blow, and E. Bruce Butler, Washington, D.C., for plaintiff-intervenors Institute of Scrap Iron and Steel, Inc., and others.
Asst. Atty. Gen. Shiro Kashiwa, Harold H. Titus, Jr., U. S. Atty., and William M. Cohen, Atty., Dept of Justice, for defendant United States of America.
Fritz R. Kahn, Gen. Counsel, Betty Jo Christian, Associate Gen. Counsel, and Theodore C. Knappen, Hanford O'Hara, Charles H. White, Jr., and James F. Tao, Attys., Interstate Commerce Commission, for defendant Interstate Commerce Commission.
T. A. Miller, San Francisco, Cal., Albert B. Russ, Jr., Richmond, Va., Edward A. Kaier, Philadelphia, Pa., and Charles A. Horsky, Michael Boudin, Michael J. Henke, Walter Hellerstein and James L. Tapley, Washington, D.C., for defendant-intervenors Aberdeen and Rockfish Railroad Company and others.
Before WRIGHT, Circuit Judge, and RICHEY and FLANNERY, District Judges.
United States District Court, District of Columbia.
J. SKELLY WRIGHT, Circuit Judge:
Plaintiff and plaintiff-intervenors challenge an order of the Interstate Commerce Commission (ICC) authorizing railroad rate increases on shipment of recyclable commodities on the ground that the Commission has failed to comply with the prescriptions of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. (1970). Both plaintiffs and defendants have moved for summary judgment. We find that the Commission...
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