ELR Citation: ELR 20639
No(s). 73 Civ. 1330 (S.D.N.Y. Jun 21, 1973)

The ICC is temporarily enjoined from going forward with proposed proceedings to allow discontinuation of a railroad line until a draft environmental impact statement has been prepared and circulated as required by NEPA. Plaintiffs did not err in bringing the case before a single judge, rather than seeking a three-judge panel, nor did they fail to exhaust their administrative remedies before bringing suit. Plaintiff residents of the Harlem Valley have alleged sufficient potential harm, in the form of increased noise and air pollution from truck traffic, to give them standing to oppose the proposed discontinuation of railroad service.

Counsel for Plaintiffs
William Hoppen
Ardsley-on-Hudson
New York, NY 10503

Thomas L. Creel
58 Maiden Lane
New York, NY 10038

Counsel for Defendants
Fritz R. Kahn
General Counsel
James F. Tao Attorney
Interstate Commerce Commission
Washington, DC 20423