United States V. SCRAP - Opinion of The Court

Opinion of The Court

Justice Potter Stewart wrote the opinion in three parts. In Part II (standing to sue), he concluded that the allegations in the complaint demonstrated that the individual members of SCRAP would be injured by the freight rate increase. Although the complaint contained various allegations of harm, Justice Stewart relied almost exclusively on SCRAP’s allegation that each of its members "'ses the forest, rivers, streams, mountains, and other natural resources of the Washington Metropolitan area and at his legal residence, for camping, hiking, fishing, sightseeing, and other recreational aesthetic purposes,' and that these uses have been adversely affected by the increased freight rates…." He determined that although "attenuated," SCRAP’s members had "alleged a specific and perceptible harm that distinguished them from other citizens who had not used the natural resources that were claimed to be affected." In Part III of the decision, Justice Stewart concluded that at this early stage of the rate increase review process (the suspension stage) the Court had no jurisdiction to issue a preliminary injunction. Although the 2.5 percent rate increase could go into effect (and the harm SCRAP alleged would occur), the ICC retained jurisdiction to further review the increase. The Court also noted the ICC’s intention to comply with NEPA’s requirements at a later stage in the proceedings.