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UNITED STATES v. SCRAP

No. 72-535.

412 U.S. 669 (1973)

93 S.Ct. 2405

37 L.Ed.2d 254

UNITED STATES ET AL. v. STUDENTS CHALLENGING REGULATORY AGENCY PROCEDURES (SCRAP) ET AL.

Supreme Court of United States.

Decided June 18, 1973.

Attorney(s) appearing for the Case

Solicitor General Griswold argued the cause for the United States et al. in No. 72-535. With him on the briefs were Assistant Attorney General Frizzell, Edward R. Korman, Fritz R. Kahn, Betty Jo Christian, and James F. Tao. Hugh B. Cox argued the cause for appellants in No. 72-562. With him on the briefs were Charles A. Horsky, Michael Boudin, and Edward A. Kaier.

Peter H. Meyers argued the cause pro hac vice for Students Challenging Regulatory Agency Procedures, appellee in both cases. With him on the brief was John F. Banzhaf III. John F. Dienelt argued the cause pro hac vice for Environmental Defense Fund et al., appellees in both cases. With him on the brief was Dennis M. Flannery.†

Edward L. Merrigan filed a brief for National Association of Secondary Material Industries, Inc., as amicus curiae urging affirmance.

MR. JUSTICE STEWART delivered the opinion of the Court.

Under the Interstate Commerce Act, the initiative for rate increases remains with the railroads. But in the absence of special permission from the Interstate Commerce Commission, a railroad seeking an increase must provide at least 30 days' notice to the Commission and the public before putting the new rate into effect. 49 U. S. C. § 6 (3).1 During that 30-day period, the Commission...

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