Illinois v. Interstate Commerce Commission

POSNER, Circuit Judge.

This petition to review orders of the Interstate Commerce Commission allowing the abandonment of two railroad lines presents the following question: does the Staggers Rail Act of 1980 allow the Commission to authorize a protested abandonment without an investigation, even though the protestants allege facts material to determining whether the abandonment is consistent with the statutory criterion of public convenience and necessity, 49 U.S.C. § 10903(a)?

On April 8, 1982, the Burlington Northern Railroad filed with the ICC a notice of intent to abandon a six and one-half…