Jeff MacLeod Trustee for Bgr Transportation, Inc. v. Interstate Commerce Commission United States of America

GINSBURG, Circuit Judge:

Jeff MacLeod, as trustee in bankruptcy for the BGR Transportation Company, Inc., a defunct interstate motor carrier, petitions for review of an Interstate Commerce Commission order denying BGR’s application retroactively to adopt the tariffs on file under the carrier’s prior name. Appeal of Rejection of Adoption Publications—BGR Tr ansportation Co., Inc., 9 I.C.C.2d 771 (1993) (ICC Decision). MacLeod contends both that the order violates the filed rate doctrine and that the Commission’s refusal to grant a waiver of its adoption regulations was arbitrary and capricious.…