ELR Citation: ELR 20267
No(s). 971-72 (D.D.C. Feb 19, 1974)

A three-judge federal district court rules that the ICC must prepare a new impact statement on proposed rail freight rate increases to determine if those increases and the existing rates discriminate against recyclable materials. The court holds that impact statements prepared to justify agency decisions already made do not satisfy NEPA. The ICC, the court rules, must hold hearings to consider the revised impact statement and must issue a final order discussing both the impact statement and the national transportation policy. The court denies a motion for an injunction restraining the increases because of uncertainty whether Atchison, Topeka & Santa Fe R. Co. v. Wichita Board of Trade, a case decided by the Supreme Court the prior term, permits it.

For counsel, see 2 ELR 20486.