United States v. Students Challenging Regulatory Agency Procedures (SCRAP)

Case Date: 07/22/1973

United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669 (1973), was a landmark 8-0 decision of the United States Supreme Court which was argued February 28, 1973 and decided June 18, 1973. The Court held that the members of SCRAP – five law students from The George Washington University – 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). SCRAP was the first full-court consideration of the American 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.