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New York, City of v. United States

Citation: 2 ELR 20275
No. No. 71-C-1639, 337 F. Supp. 150/3 ERC 1570/(E.D.N.Y., 01/20/1972) remanded so that the ICC could comply with NEPA

The Interstate Commerce Commission must consider environmental factors and must file an environmental impact statement before it may authorize abandonment of a railroad line in Brooklyn, regardless of the advanced stage of the proceedings and the improbability of the existance of an alternative to allowing abandonment. These steps are necessary to preserve the integrity of NEPA. Only sections of the opinion setting out that facts and the court's discussion of the NEPA issue are reproduced below. The full text is available from ELI as ELR Dig. [228] for $3.30.

Counsel for Plaintiff
Louis Walters
New York, N.Y.

Counsel for United States of America
Lloyd H. Baker Assistant U.S. Attorney
Eastern District of New York

Counsel for Defendant, Interstate Commerce Commission
Theodore C. Knappen Assistant General Counsel
Washington, D.C.

Counsel for Defendant, Bush Terminal R.R.
G. Clark Cummings
New York, N.Y.