ELR Citation: ELR 20178
No(s). 72 Civ. 53 (S.D.N.Y. Jan 24, 1972)

Motion for preliminary injunction of the Price Commission's approval of a New York City bus and subway fare increase for noncompliance with NEPA is dismissed because it is unlikely that Congress intended NEPA's requirements to apply to the Price Commission, a temporary agency established by Congress to deal expeditiously with short-term economic problems. Also plaintiffs have not convincingly demonstrated that the challenged administrative action will result in increased air pollution.

Counsel for Plaintiff
Myron Cohen
Hubbell, Cohen & Stiefel
21 East 40th Street
New York, NY 10016

Counsel for Defendants
Whitney North Seymour, Jr. U.S. Attorney
U.S. Courthouse
Foley Square
New York, NY 10007

John G. deRoos General Counsel
New York City Transit Authority
Brooklyn, NY