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Constitutional Law Keyed to Choper
United States v. Students Challenging Regulatory Agency Procedures (SCRAP)
Citation:
93 S. Ct. 2405, 37 L. Ed. 2d 254, 3 Envtl. L. Rep. 20536, 5 ERC (BNA) 1449Facts
Students Challenging Regulatory Agency Procedures (SCRAP), an organization of five law students, challenged the Interstate Commerce Commission’s approval of a 2.5% surcharge on railroad freight rates. SCRAP alleged that the rate increase would discourage the use of recyclable materials by making their transportation more expensive relative to raw materials, thereby increasing the use of natural resources that might otherwise be recycled and resulting in more refuse in parks. SCRAP members claimed they used the forests, streams, mountains, and other natural resources in the Washington, D.C. area for recreation and that their use and enjoyment of these resources would be adversely affected by the environmental impacts of the rate increase. The ICC approved the rate increase without preparing an environmental impact statement as required by NEPA.
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