Legal Opinion
Illinois Commerce Commission v. Interstate Commerce Commission and United States of America, Illinois Central Gulf Railroad Company, Intervenor
Court of Appeals for the D.C. Circuit
Decided May 19, 1987No. 86-1386PublishedCited by 15 opinions
1Opinion of the Court
Opinion for the Court filed by Chief Judge WALD.
WALD, Chief Judge.
Petitioners challenge the Interstate Commerce Commission’s (ICC) decision to exempt from regulation all written trackage rights agreements not made in the context of rail consolidation proceedings. See 1 I.C.C.2d 270 (1985). Because we conclude that the ICC did not act improperly by granting this broadscale exemption, we deny the petition for review.
I. Background
Trackage rights agreements are arrangements by which one railroad company allows another to use its railroad tracks. These agreements can take one of two different…
2Cases cited2 opinions
- Brae Corporation v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, E.F. Hutton Credit Corporation, Seattle & North Coast Railroad Company, Intervenors. Brae Corporation v. United States of America and Interstate Commerce Commission, Pittsburgh & Lake Erie Railroad Company, Consolidated Rail Corporation, American Short Line Railroad Association, Southern Pacific Transportation Company, Common Carrier Conference-Irregular Route of American Trucking Associations, Inc., Angelina and Neches River Railroad, E.F. Hutton Credit Corporation, Weyerhaeuser Company, Intervenors. Brae Corporation v. United States of America and Interstate Commerce Commission, Pittsburgh & Lake Erie Railroad Company, American Short Line Railroad Association, Freight Users Association of Long Island, Inc., Consolidated Rail Corporation, Southern Pacific Transportation Company, Angelina and Neches River Railroad, E.F. Hutton Credit Corporation, Weyerhaeuser Company, Intervenors. Brae Corporation v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Freight Users Association of Long Island, Inc., Southern Pacific Transportation Company, E.F. Hutton Credit Corporation, Intervenors. American Paper Institute, Inc. v. United States of America and Interstate Commerce Commission, Brown Transport Corporation, Consolidated Rail Corporation, Freight Users Association of Long Island, Inc., Southern Pacific Transportation Company, Common Carrier Conference-Irregular Route of American Trucking Associations, Inc., Angelina and Neches River Railroad, Brick Association of North Carolina, American Trucking Associations, Inc., National Grain and Feed Association, American Newspaper Publishers Association, Canadian Pulp and Paper Association, Intervenors. International Paper Company v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Southern Pacific Transportation Company, Common Carrier Conference-Irregular Route of American Trucking Associations, Inc., Brick Association of North Carolina, Intervenors. The National Industrial Transportation League v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Southern Traffic League, Inc., Southern Pacific Transportation Company, Eastern Industrial Traffic League, Inc., Brick Association of North Carolina, Volkswagen of America, Inc., Intervenors. Itel Corporation, Rail Division v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, East Camden & Highland Railroad Company, Funding Systems Railcar, Inc., Southwest Forest Industries, Inc., Valdosta Southern Railroad Company, Apalachicola Northern Railroad Co., Sabine River & Northern Railroad Company, Marinette, Tomahawk & Western Railroad Co., Little Rock & Western Railway Corp., Southern Pacific Transportation Company, Intervenors. Ford Motor Company v. United States of America and Interstate Commerce Commission, Canadian Pulp and Paper Association, Brick Association of North Carolina, Southern Pacific Transportation Company, Consolidated Rail Corporation, Intervenors. Continental Forest Industries, Inc. v. United States of America and Interstate Commerce Commission, Canadian Pulp and Paper Association, Brick Association of North Carolina, Southern Pacific Transportation Company, Consolidated Rail Corporation, Intervenors. Sysco Corporation v. United States of America and Interstate Commerce Commission, Brick Association of North Carolina, Southern Pacific Transportation Company, Consolidated Rail Corporation, Intervenors. Patrick W. Simmons v. United States of America and Interstate Commerce Commission, Southern Pacific Transportation Company, Consolidated Rail Corporation, Intervenors. The Aluminum Association, Inc. v. United States of America and Interstate Commerce Commission, Canadian Pulp and Paper Association, Brick Association of North Carolina, Burlington Northern Railroad Company, Southern Pacific Transportation Company, Consolidated Rail Corporation, Intervenors. The Bangor and Aroostook Railroad Company, Delaware and Hudson Railway Company and Maine Central Railroad Company v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Southern Pacific Transportation Company, Intervenors. Canadian National Railway Company and Canadian Pacific Limited v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Southern Pacific Transportation Company, Intervenors. National Railway Utilization Corporation, Pickens Railroad Co., Peninsula Terminal Co., the Mississippian Railway, Inc., Graham County Railroad, Inc., Atlantic & Western Railway Co. v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Intervenors. Central Vermont Railway, Inc., Detroit, Toledo and Ironton Railroad Company and Grand Trunk Western Railroad Co. v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Intervenors. Sea-Land Service, Inc. And Sea-Land Freight Service, Inc. v. United States of America and Interstate Commerce Commission, Totem Ocean Trailer Express, Inc., Intervenor. H.C. Spinks Clay Co., Inc. v. United States of America and Interstate Commerce Commission, Board of Trade of the City of Chicago v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Intervenors. Sandersville Railroad Company v. United States of America and Interstate Commerce Commission, Illinois Central Gulf Railroad Co. v. United States of America and Interstate Commerce Commission, Chattahoochee Industrial Railroad, Great Southern Paper, Leaf River Forest Products, Inc., and the Old Augusta Railroad Co. v. United States of America and Interstate Commerce Commission, Bessemer and Lake Erie Railroad Company and Elgin, Joliet and Eastern Railway Company v. United States of America and Interstate Commerce Commission, American Paper Institute, Inc. v. United States of America and Interstate Commerce Commission, Lamoille Valley Railroad Co., of Morrisville, Lamoille County, Vermont v. United States of America and Interstate Commerce Commission, Rubber Manufacturers Association v. United States of America and Interstate Commerce Commission, National Industrial Transportation League, Intervenor. Evans Products Company v. United States of America and Interstate Commerce Commission, Board of Port Commissioners for the City of Oakland v. United States of America and Interstate Commerce Commission, the National Industrial Transportation League v. United States of America and Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1984
- Railway Labor Executives' Ass'n v. United StatesCourt of Appeals for the D.C. Circuit · 1982
3Cited by15 opinions
- Gateway Eastern Railway Co. v. Terminal Railroad Association of St. LouisCourt of Appeals for the Seventh Circuit · 1994
- Hi Tech Trans, LLC David Stoller v. State of New Jersey, Department of Environmental Protection Wolfgang Skacel, C.H.M.M. Bradley M. Campbell.Court of Appeals for the Third Circuit · 2004
- Burlington Northern Railroad Company v. United Transportation Union, Brotherhood of Locomotive Engineers v. Winona Bridge Railway CompanyCourt of Appeals for the Seventh Circuit · 1988
- M.M. Winter v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Eighth Circuit · 1988
- Brotherhood of Locomotive Engineers v. United States of America and Surface Transportation Board, United Transportation Union, IntervenorsCourt of Appeals for the D.C. Circuit · 1996
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