ELR Citation: ELR 20308
No(s). 971-72 (D.D.C. Jan 9, 1973)

A three-judge district court denies a preliminary injunction pending appeal in a suit to enjoin enforcement of Interstate Commerce Commission orders permitting surcharges on rail freight rates. For the earlier opinion of this court, see 2 ELR 20486. For the opinion of Chief Justice Burger, sitting as Circuit Justice, see 2 ELR 20491. The court concludes that (1) with respect to freight being shipped for recycling, there is no present basis for an injunction given the ICC's suspension order and the pending appeal in the Supreme Court; and (2) with respect to all other freight, a preliminary injunction is not warranted, since SCRAP is unlikely to prevail upon the merits of its claim that the increases constitute "major federal action" significantly affecting the environment and requiring the preparation of a National Environmental Policy Act (NEPA) impact statement.

For Counsel, see 2 ELR 20486

Before WRIGHT, Circuit Judge, and RICHEY and FLANNERY, District Judges.