This Case Note analyzes the Second Circuit's decision in Harlem Valley Transportation Association v. Stafford, which held that the interstate commerce commission, as the responsible agency, must make the threshold determination of whether an environmental impact statement is required under NEPA. The court further held that if the statement is required, the commission staff must prepare and circulate a draft impact statement prior to a hearing before an administrative judge.
Case Note: Environmental Law - Harlem Valley Transportation Association v. Stafford, 500 F.2d 328 (2d Cir. 1974),
3 Fordham Urb. L.J. 401
Available at: http://ir.lawnet.fordham.edu/ulj/vol3/iss2/11