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New York, City of v. United States

Citation: 2 ELR 20688
No. No. 71-C-1639, 344 F. Supp. 929/4 ERC 1646/(E.D.N.Y., 06/07/1972) determining that the ICC has complied with NEPA

In an action to annual an order of the Interstate Commerce Commission which authorized the abandonment of a freight railroad serving Bush Terminal in New York City, the City and State of New York argue insufficient compliance with NEPA, noting that replacement of the railroad by truck service could increase air pollution, and make achievement of the 1974 Ambient Air Quality Standards under the Clean Air Act more difficult. Noting that the ICC had ordered a draft environmental statement prepared and served on several government agencies, and had held five days of public hearings at which the draft statement was discussed, and had made findings that the environmental effects of substitution of truck for rail service were not significant, a three-judge court finds compliance with the letter of NEPA and that the findings of the ICC are supported by substantial evidence and are not an abuse of discretion. Only the portions of the opinion concerning environmental issues are reproduced here. An earlier decision in the case, together with the factual setting, will be found at 2 ELR 20275.

Counsel for Plaintiff City of New York
Louis L. Walters
Brooklyn, N.Y.

Peter C. Demetri
Garden City, N.Y.

Counsel for Intervening Plaintiff State of New York
John C. McTiernan
Assistant Counsel
New York State Dep't of Transportation

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

Counsel for Defendant Bush Terminal Railroad
G. Clark Cummings
New York City