Assure Competitive Transportation, Inc. v. United States

SWYGERT, Circuit Judge.

On October 17, 1979, the Interstate Commerce Commission issued a policy statement that modified the traditional criteria used by the Commission in deciding whether to grant an application for a certificate of public convenience and necessity authorizing motor common carrier operations under section 10922 of the Interstate Commerce Act, 49 U.S.C. § 10922.1 Petitioners challenge the Commission’s action as unlawful on the basis that:

1) the new decisional standards contra'dict the applicable provisions of the Interstate Commerce Act, 49 U.S.C. § 10922, and existing case law;