Aberdeen & Rockfish R. Co. v. Scrap, 409 U.S. 1207 (1972)

ON APPLICATION FOR STAY

Syllabus

SCRAP, a student environmental association, secured from a three-judge District Court an injunction against the authorization by the Interstate Commerce Commission (ICC) of a temporary 2.5% freight surcharge to be imposed across the board by most of the Nation’s railroads. The ground for the injunction was that by adding the surcharge to the cost of transporting recyclable goods, fewer such goods would be transported, the need would be met by increased use of natural resources, and there would therefore be an adverse impact on the environment; hence the National Environmental Policy Act required that the ICC prepare an "impact statement" on the surcharge. The District Court considered the applications for stay of the injunction pending appeal but, concluding that danger to the environment outweighed the loss of income and consequent financial threat to the railroads, the court denied the application.

Held: Since it cannot be said that the District Court’s factual evaluation of the necessity for a stay constituted an abuse of discretion, the applications for stay must be denied.

See: 346 F.Supp. 189.