ELR Citation: ELR 20536
No(s). 72-535 (U.S. Jun 18, 1973)

An environmental group is sufficiently aggrieved by the temporary rate increase allowed by the ICC on the rail shipment of recycled goods to have standing, but the district court lacks the power to interfere with the Commission's discretionary decision or to suspend the rate increase itself. The allegations of SCRAP that the use and enjoyment of natural resources by its members would be disturbed by the results of the nonuse of recycled goods caused by the rate increase show injury in fact sufficient to maintain standing, although many others may have suffered the same harm, and the causal connection between the act complained of and the eventual damage to petitioners is somewhat attenuated. In section 15 (7) of the Interstate Commerce Act Congress vested complete power to suspend rate increases pending a final decision as to their lawfulness solely in the ICC to the complete exclusion of the courts. NEPA cannot be construed to repeal this policy. The judgment of the district court is reversed and the case remanded. For earlier opinions of the three-judge court in this case see 3 ELR 20308, 2 ELR 20486, and 3 ELR 20535. For the opinion of Chief Justice Burger, sitting as Circuit Justice, see 2 ELR 20491. For Counsel, see 2 ELR 20486.

MR. JUSTICE POWELL took no part in the consideration or decision of these cases.