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Aberdeen & Rockfish R.R. v. SCRAP

Citation: 2 ELR 20491
No. Nos. A-72, -73, 409 U.S. 1207/4 ERC 1369/(U.S., 07/19/1972) Stay denied

Railroads' and Interstate Commerce Commission's application for stay of preliminary injunction pending appeal is denied. (For text of lower court opinion granting preliminary injunction see 2 ELR 20487). Three-judge court's decision below may raise serious questions of standing and judicial review of regulatory agencies' action. The practical effect of the decision may be to require an impact statement whenever the Commission (or other comparable agency) exercises its statutory suspension powers. Hence, the case is of such significance that the Court will not likely dispose of it summarily in the fall of 1972. In considering the harm to the parties if the stay is denied, the railroads certain, immediate loss of revenues on recyclable materials should not be discounted as insignificant compared to the total revenues to be derived from the across-the-board surcharge. However, there is evidence in the record arguably supporting the three-judge district court's finding of likely irreparable harm to the environment. Therefore, the balancing in favor of environmental interests does not amount to an abuse of discretion, and the judgment will not be disturbed.

Counsel for Applicant Aberdeen and Rockfish Railroad Co.
Charles Horsky
Michael Boudin
888 Sixteenth St. N.W.
Washington, D.C. 20006

Counsel for Applicant Interstate Commerce Commission
Fritz R. Kahn General Counsel
James F. Tao
Interstate Commerce Commission
Washington, D.C. 20423

Counsel for Defendant SCRAP
John F. Banzhaf, III
Peter H. Meyers
2000 H. Street, N.W. (Room 301)
Washington, D.C. 20006

Neil Thomas Proto
George Vincent Biondi
John Eric Larouche Of Counsel