Legal Opinion

James E. Redden v. Interstate Commerce Commission and United States of America, Csx Transportation, Inc., Kokomo Grain Company, Inc., Intervenors

Court of Appeals for the D.C. Circuit

Decided June 4, 1992No. 90-1034PublishedCited by 13 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Justice THOMAS.

THOMAS, Circuit Justice:

In this case, we consider whether the Interstate Commerce Commission may exempt from regulation an abandonment of track conditioned upon the track’s sale and continued operation, on the sole ground that the continued operation ensures satisfaction of the national transportation policy. We hold that it may not.

I

If a rail carrier desires to stop providing service on a line that it owns and operates, it may either abandon the line, transfer the line to another carrier (whether by sale, lease or grant of trackage…

2Cases cited13 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  3. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  4. Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
  5. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Minnesota Transportation Regulation Board v. United States of America and the Interstate Commerce CommissionCourt of Appeals for the Eighth Circuit · 1992
  2. Brotherhood of Locomotive Engineers v. United States of America and Surface Transportation Board, United Transportation Union, IntervenorsCourt of Appeals for the D.C. Circuit · 1996
  3. North Alabama Express, Inc. v. Interstate Commerce CommissionCourt of Appeals for the Eleventh Circuit · 1992
  4. United Transportation Union-Illinois Legislative Board v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1995
  5. Railway Labor Executives' Ass'n v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1993

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API