ABERDEEN & ROCKFISH R. CO. v. SCRAP

No. 73-1966.

422 U.S. 289 (1975)

ABERDEEN & ROCKFISH RAILROAD CO. ET AL. v. STUDENTS CHALLENGING REGULATORY AGENCY PROCEDURES (SCRAP) ET AL.

Supreme Court of United States.

Decided June 24, 1975.


Attorney(s) appearing for the Case

Charles A. Horsky argued the cause for appellants in No. 73-1966. With him on the briefs were Michael Boudin, Edward A. Kaier, and Albert B. Russ, Jr. Deputy Solicitor General Randolph argued the cause for the United States et al. in No. 73-1971. On the briefs were Solicitor General Bork, Assistant Attorney General Johnson, Fritz R. Kahn, Betty Jo Christian, and Charles H. White, Jr.

John F. Hellegers argued the cause and filed a brief for appellees Students Challenging Regulatory Agency Procedures et al. in both cases. Edward L. Merrigan argued the cause and filed briefs for appellees National Association of Recycling Industries, Inc., et al. in both cases. E. Bruce Butler argued the cause for appellee Institute of Scrap Iron and Steel, Inc., in both cases. With him on the brief were Thomas H. Boggs, Jr., George Blow, Howard Gould, and David Reichert.


MR. JUSTICE WHITE delivered the opinion of the Court.

The Nation's railroads, the United States, and the Inter-state Commerce Commission (ICC) appeal from the judgment of a three-judge federal court which set aside an ICC order terminating a general revenue proceeding without declaring unlawful certain rate increases filed by the Nation's railroads with the ICC. The order directed the ICC to reopen the proceeding, prepare a better environmental impact statement under...

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