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National Automotive Long Lines, Inc. v. Federal Communications Comm'n

ELR Citation: 9 ELR 20323
Nos. No. 78-1246, 593 F.2d 1371/(D.C. Cir., 03/08/1979)

The court of appeals upholds the Federal Communications Commission's (FCC's) denial of a request that an environmental impact statement (EIS) be prepared concerning an increase in the tariff for long lines communications facilities shared by automotive salvage yards. The defendant's regulations require any party requesting that an EIS be prepared for a given action to show that the proposed action will have a reasonable, proximate, predictable, and adverse effect on the physical environment. The court holds that the imposition of such a requirement is within the FCC's authority because it does not impose upon the requesting party an unreasonably severe burden of proof but merely requires a showing of credible facts that would prompt a reasonable mind to explore the issue further. Without deciding whether the action is one requiring preparation of an EIS, the court finds that the Commission took the requisite hard look at the concerns raised by the petitioners and affirms the denial of their request.

Counsel for Petitioner
Robert Grossman
Grossman & Flask
2020 K St. NW, Washington DC 20006
(202) 785-4100

Counsel for Respondent
Gregory M. Christopher
Office of the General Counsel
Federal Communications Commission, Washington DC 20554
(202) 632-7112

Andrea Limmer
Antitrust Division
Department of Justice, Washington DC 20530
(202) 633-4106

Counsel for Intervenor American Telephone & Telegraph Co.
Edgar Mayfield
Long Lines Department
American Telephone & Telegraph Co.
Room 3-C-123, Bedminister NJ 07921
(201) 234-6321

McKinnon, Robb, and Wilkey, JJ.