Port Norris Express Company, Inc. v. Interstate Commerce Commission and United States of America

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

As we view the issue in this case, it is as follows: When the Interstate Commerce Commission confers nationwide nonbulk general commodities authority, pursuant to concededly adequate “representative evidence” of public need, American Trucking Associations, Inc. v. ICC, 659 F.2d 452, 475 (5th Cir.1981), enforced, 669 F.2d 957 (5th Cir.1982), cert. denied,— U.S. —, 103 S.Ct. 1272, 75 L.Ed.2d 493 (1983), may it add to that the grant of bulk authority on the basis of a showing of nationwide need for that service by only a…