The Railroad Commission of Texas v. United States of America and Interstate Commerce Commission, Association of American Railroads, Intervenor

STARR, Circuit Judge:

This action is brought by the Railroad Commission of Texas (“Railroad Commission” or “RCT”) challenging a decision of the Interstate Commerce Commission denying RCT the requisite certification under federal law for a state authority to be empowered to regulate intrastate rail traffic. The Railroad Commission raises both procedural issues and the substantive claim that the ICC’s decision is arbitrary, capricious and an abuse of agency discretion. Finding no merit to the claims of procedural error and concluding that the ICC’s decision was amply justified, we deny the…