United States v. Students Challenging Regulatory Agency Procedures
1973 United States Supreme Court case / From Wikipedia, the free encyclopedia
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United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669 (1973), was a landmark decision of the United States Supreme Court in which the Court held that the members of SCRAP—five law students from the George Washington University Law School—had standing to sue under Article III of the Constitution to challenge a nationwide railroad freight rate increase approved by the Interstate Commerce Commission (ICC).[1] SCRAP was the first full-court consideration of the National Environmental Policy Act (NEPA). The Court also reversed the lower court decision that an injunction should be issued at the suspension stage of the ICC rate proceeding. The standing decision has retained its place as the high mark in the Court's standing jurisprudence.
This article includes a list of general references, but it lacks sufficient corresponding inline citations. (November 2014) |
United States v. Students Challenging Regulatory Agency Procedures (SCRAP) | |
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Argued February 28, 1973 Decided June 18, 1973 | |
Full case name | United States, et al. v. Students Challenging Regulatory Agency Procedures (SCRAP), et al. |
Citations | 412 U.S. 669 (more) |
Case history | |
Prior | Case referred by United States District Court (D.C.) to Three Judge Court (unreported); preliminary injunction issued, 346 F. Supp. 189 (D.D.C. 1972); stay denied (Burger, C. J.), 409 U.S. 1207 (1972); probable jurisdiction noted, 409 U.S. 1073 (1972) |
Subsequent | 371 F. Supp. 1291 (D.D.C.) (on remand). Stay of injunction granted, 413 U.S. 917; preliminary injunction vacated and case remanded for reconsideration, 414 U.S. 1035; probable jurisdiction noted, 419 U.S. 822; Aberdeen and Rockfish Railroad et al. v. Students Challenging Regulatory Agency Procedures, 422 U.S. 289 (1975). |
Holding | |
Article III "case or controversy" requirement of standing to sue met by members of SCRAP who alleged harm from the adverse effects of a 2.5 percent across-the-board nationwide railroad freight rate increase on materials capable of being recycled approved by the Interstate Commerce Commission (ICC). The Court also concluded that, at such an early stage in the ICC rate-making process, the preliminary injunction enjoining the collection of such freight rates must be set aside pending the preparation of an Environmental Impact Statement under the National Environmental Policy Act of 1969. | |
Court membership | |
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Case opinions | |
Majority | Stewart, joined by Brennan, Blackmun; Douglas, Marshall (parts I, II); Burger, White, Rehnquist (parts I, III) |
Concurrence | Blackmun, joined by Brennan |
Concur/dissent | Marshall |
Dissent | Douglas |
Dissent | White, joined by Burger, Rehnquist |
Powell took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Constitution, Article III, Section 2; National Environmental Policy Act, 42 U.S.C. 4321, et seq.; Interstate Commerce Act, 15 U.S.C. 7 |