Legal Opinion
Illinois Commerce Commission v. Interstate Commerce Commission
Court of Appeals for the D.C. Circuit
Decided July 18, 1989No. 87-1088PublishedCited by 2 opinions
1Opinion of the Court
SPOTTSWOOD W. ROBINSON, III, Circuit Judge:
The Interstate Commerce Act confers upon the Interstate Commerce Commission power to regulate abandonments of railroad lines,1 but excepts from this grant abandonments of spur tracks located entirely within a single state.2 At issue here is a Commission decision and order holding that the Act preempts all authority of a state agency over abandonment of spur tracks lying wholly within the state’s borders.3 We reverse.
I. Background
Chicago and North Western Transportation Company (C & NW), an interstate rail carrier, decided to abandon a 570-foot strip…
2Cases cited37 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
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3Cited by2 opinions
- Wheeling & Lake Erie Railway Co. v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 2001
- Illinois Commerce Commission v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1989