City of New York v. Interstate Commerce Commission and United States of America

FRIEDMAN, Circuit Judge:

The City of New York (City) petitions for review of two Interstate Commerce Commission (Commission) decisions authorizing four bus companies to operate between New Jersey and Manhattan. The City argues that the Commission improperly failed to require an environmental assessment of the cumulative effect that the additional bus service would have on Manhattan’s air quality, as the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321^370d (1988), allegedly required. We deny the petitions for review.

I

A. The Regulatory Scheme

NEPA directs that “to the fullest…