ELR Citation: ELR 20535
No(s). 971-72 (D.D.C. Jun 7, 1973)

A three-judge federal court grants a temporary restraining order enjoining the ICC and the railroads from enforcing an increased permanent freight rate on goods shipped by rail for the purposes of recycling. The court finds sufficient likelihood that plaintiffs will prevail on the merits, that irreparable injury from the unnecessary and irreversible extraction of raw materials will result from the higher rate, and that the railroads will not be harmed by the delay. For other opinions in this case, see 2 ELR 20486, 2 ELR 20491, 3 ELR 20308, and 3 ELR 20536. The restraining order granted in this case was stayed the next day by Chief Justice Burger sitting as Circuit Justice, and this stay was affirmed by the Supreme Court, 41 USLW 3672 (June 26, 1973).

For Counsel for Plaintiff SCRAP, Plaintiffs-Intervenors Environmental Defense Fund, National Parks and Conservation Association, and Izaak Walton League of America, Involuntary Plaintiff Council on Environmental Quality, Defendant United States, Defendant Interstate Commerce Commission, and Defendants-Intervenors Aberdeen and Rockfish Railroad Co., see 2 ELR 20486.

Counsel for Plaintiff-Intervenor National Association of Secondary Materials Industries, Inc.
Edward L. Merrigan
Smathers, Merrigan and O'Keefe
1700 Pennsylvania Ave., NW
Washington, DC 20006

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