Legal Opinion

Western Coal Traffic League and Its Members v. United States of America and Interstate Commerce Commission

Court of Appeals for the Fifth Circuit

Decided March 7, 1983No. 81-4257, 81-4259, 81-4277, 81-4299, 81-4334, 81-4347, 81-4354, 81-4357, 81-4365 to 81-4369, 81-4373, 81-4415, 81-4423 and 82-4021PublishedCited by 33 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The Railroad Revitalization and Regulatory Reform Act of 1976 (the 4R Act)1 was designed to eliminate needless regulatory restraints on railroads and to prescribe rate-making practices that would both encourage effective competition and protect consumers.2 As one of its measures to achieve this, Congress limited the authority of the Interstate Commerce Commission to suspend a railroad rate on the basis that it is unjustly or unreasonably high. The Commission now has no jurisdiction to review any rate unless it finds that the rail carrier defending the rate can…

2Cases cited26 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. United States v. TurketteSupreme Court of the United States · 1981
  3. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  4. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
  5. Barlow v. CollinsSupreme Court of the United States · 1970

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3Cited by33 opinions

  1. William W. STONE, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  2. State of Montana v. William P. Clark, Secretary of the Department of the InteriorCourt of Appeals for the D.C. Circuit · 1985
  3. Sompo Japan Insurance Company of America v. Union Pacific Railroad Company, Docket No. 04-4066-CvCourt of Appeals for the Second Circuit · 2006
  4. American Transfer & Storage Co. v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
  5. United States Department of Labor v. Kast Metals CorporationCourt of Appeals for the Fifth Circuit · 1984

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