Intercity Transportation Co. v. United States

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

This case concerns the reviewability and lawfulness of the Interstate Commerce Commission’s (Commission) refusal to institute a declaratory order proceeding. Petitioners assert that the Commission’s action was an unexplained departure from precedent as well as an arbitrary and capricious exercise of discretion. The Commission contends that its decision was a nonfinal action committed to agency discretion by law and is therefore unreviewable. Although we find that refusals to institute declaratory order proceedings are…