Legal Opinion

Arizona Electric Power Cooperative, Inc. v. Interstate Commerce Commission

Court of Appeals for the D.C. Circuit

Decided March 16, 1982No. Nos. 80-1761, 80-2016 and 80-2057PublishedCited by 1 opinion

1Opinion of the Court

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge.

On July 3,1980, the Interstate Commerce Commission (“Commission”) declined to suspend or investigate certain general rate increases proposed by the nation’s railroads (“railroads”). (Ex parte No. 375 (Sub-No. 1). JA 1130-1142). This action has been attacked by petitioning commodity shippers on a variety of grounds. Inasmuch as Commission actions of this sort are by past case-law outside the jurisdiction of this Court, we find the Commission order unreviewable and refrain from addressing the various substantive…

2Cases cited22 opinions

  1. United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973
  2. Arrow Transportation Co. v. Southern Railway Co.Supreme Court of the United States · 1963
  3. Southern Railway Co. v. Seaboard Allied Milling Corp.Supreme Court of the United States · 1979
  4. Aberdeen & Rockfish R. Co. v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1975
  5. Algoma Coal & Coke Co. v. United StatesDistrict Court, E.D. Virginia · 1935

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3Cited by1 opinion

  1. Arizona Electric Power Cooperative, Inc. v. Interstate Commerce Commission and United States of America, Eastern and Western Railroads, Southern Railroads, Intervenors. The Aluminum Association, Inc. v. United States of America and Interstate Commerce Commission, Eastern, Southern and Western Railroads, Intervenors. Kaiser Aluminum & Chemical Corporation v. United States of America and Interstate Commerce Commission, Eastern, Southern and Western Railroads, IntervenorsCourt of Appeals for the D.C. Circuit · 1982

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