Interstate Commerce Commission v. Brotherhood of Locomotive Engineers

Justice Stevens,

with whom Justice Brennan, Justice Marshall, and Justice BLACKMUNjoin, concurring in the judgment.

Congress has authorized interested parties to petition the Interstate Commerce Commission (ICC or Commission) to reopen a proceeding, grant rehearing or reconsideration, or change an action of the Commission “because of material error, new evidence, or substantially changed circumstances.” 49 U. S. C. § 10327(g). The statute draws no distinction between petitions alleging that the action was based on “material error” and petitions alleging “new evidence, or substantially changed…