Recognizing Neil Thomas Proto on the 50th Anniversary of United States of America V. Students Challenging Regulatory Agency Procedures

Floor Speech

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Ms. DeLAURO. Mr. Speaker, fifty years ago, the Supreme Court of the United States decided United States of America v. Students Challenging Regulatory Agency Procedures (SCRAP). Issuing a groundbreaking decision granting standing to five law students from George Washington Law School to sue the United States Government under Article III of the Constitution to challenge a nationwide railroad freight rate increase approved by the Interstate Commerce Commission (ICC). With a nearly unanimous decision written by the oft described strict constitutionalist, Justice Potter Stewart, SCRAP was the first full- court consideration of the National Environmental Policy Act (NEPA).

What is perhaps most interesting about SCRAP is that it was wholly taken on by law students. Professor John F. Banzhaf, to the consternation of traditionalists in legal education, encouraged students to identify problematic corporate and regulatory agency relationships and to engage and challenge them in practical, real terms on their own turf. Led by then 3rd-year law student and New Haven native, Neil Thomas Proto, the five law students began their journey in December 1971 with the filing of a petition in the ICC that sought a one billion dollar refund for the failure of the commission to comply with NEPA in approving a twenty percent rate increase that SCRAP claimed discriminated against the movement of recyclable materials by favoring the movement of raw materials.

I have had the good fortune to know Neil Proto for many years. Following the successful litigation of SCRAP, Neil went on to a distinguished career in law. In his later years he has also taught, lectured and written about his experiences. In 2006, he authored To A High Court, Five Bold Law Students Challenge Corporate Greed and Change the Law in which he provides a provides a first-person account of what he and his classmates dared to take on. It should come as no surprise that some on the Court have sought to water down and at time outright overturn this precedent setting decision. Just this year, in conjunction with the 50th anniversary of this landmark decision, Neil has published a revised and updated anniversary edition. This new edition has been recently recognized as a ''Gold Winner'' by the Nonfiction Author's Association.

There are some stories that are worth repeating--and repeating often. The story of SCRAP is one of them as it provides important lessons, not only for students of law but for policymakers and advocates alike. I am honored to have this opportunity to congratulate Neil Thomas Proto on this triumph and extend my very best wishes for continued success.

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