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CITY OF NEW YORK v. I.C.C.

Nos. 1508, 1509, Docket 92-4239, 93-4015.

4 F.3d 181 (1993)

CITY OF NEW YORK, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Second Circuit.

Decided September 10, 1993.

Attorney(s) appearing for the Case

Paul E. Kazanoff, New York City (O. Peter Sherwood, Corp. Counsel, Gail Rubin, New York City, of counsel), for petitioner, City of New York.

Laurence H. Schecker, Washington, DC (Robert S. Burk, Gen. Counsel, Ellen D. Hanson, Sr. Associate Gen. Counsel, Evelyn G. Kitay, Atty., I.C.C., John A. Bryson, Atty., Dept. of Justice, Washington, DC, of counsel), for respondents, I.C.C. and U.S. of America.

Before: MINER, FRIEDMAN, and McLAUGHLIN, Circuit Judges.

FRIEDMAN, Circuit Judge:

The City of New York (City) petitions for review of two Interstate Commerce Commission (Commission) decisions authorizing four bus companies to operate between New Jersey and Manhattan. The City argues that the Commission improperly failed to require an environmental assessment of the cumulative effect that the additional bus service would have on Manhattan's air quality, as the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. ...

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