General American Transportation Corp. v. Interstate Commerce Commission

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

In these consolidated cases, petitioners1 request review of the Interstate Commerce Commission’s reversal of a forty-year old policy that substantially prevented railroads from charging the owners of private railcars for the costs of transporting their cars (when empty) to repair depots for ordinary maintenance. We hold that the Commission’s reinterpretation of the statute is permissible and rationally explained, and further conclude that it was within the Commission’s discretion to apply its new policy…