Should the court decide that an environmental impact statement is required?

The Interstate Commerce Commission (ICC) had the power to approve or set the tariff rates that railroads charge shippers. As a result of past ICC approvals, the railroad tariffs called for higher shipping charges to carry scrap metals and paper than to carry virgin mate rials. This disparity operated as an economic discrimination against recycled goods. A group of law students formed an organization known as SCRAP (Students Challenging Regulatory Agency Procedures). SCRAP was concerned that the ICC-approved rate structure discourages the environmentally desirable use of recycled goods. The ICC approved a 2.5 percent across the-board surcharge in railroad shipping rates and indicated that no environmental impact statement was necessary because there was no environmental impact. SCRAP was concerned that the increase would further the discrimination against used materials and filed suit against the ICC to require that an environmental impact statement be prepared. Should the court decide that an environmental impact statement is required?

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