American Trucking Ass'n v. Interstate Commerce Commission

U.S. Court of Appeals for the Ninth Circuit September 4, 1985

American Trucking Ass'n v. Interstate Commerce Commission, 770 F.2d 810 (9th Cir. 1985)

Opinion of the Court

PER CURIAM:

Petitioners challenge an Interstate Commerce Commission (I.C.C.) decision to abandon the practice of allowing railroads to acquire motor carriers only to aid its rail operations in special circumstances, Acquisition of Motor Carriers by Railroads, I.C.C. No. 438 (July 20, 1984).

*811Petitioners have not shown that the regulation immediately affects their day-to-day affairs. The petition is dismissed because the challenge is not ripe for judicial review. See Toilet Goods Assn. v. Gardner, 387 U.S. 158, 164-66, 87 S.Ct. 1520, 1524-25, 18 L.Ed.2d 697 (1967).

Judicial review will be available to challenge an order of the I.C.C. that applies I.C.C. Rule No. 438 to a specific factual situation. See id.

DISMISSED.

Reference

Full Case Name: AMERICAN TRUCKING ASSOCIATIONS, INC. Film, Air and Package Carriers Association Interstate Carriers Conference National Tank Truck Carriers, Inc. Oilfield Haulers Association Oregon Tracking Association, Inc. Regional and Distribution Carriers Conference Regular Common Carrier Conference and Specialized Carriers and Rigging Association, and Patrick W. Simmons, Intervenor v. INTERSTATE COMMERCE COMMISSION and United States of America, and Association of American Railroads, Intervenor INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFERS, WARE-HOUSEMEN AND HELPERS OF AMERICA, and Patrick W. Simmons, Intervenor v. INTERSTATE COMMERCE COMMISSION, and United States of America, and Association of American Railroads, Intervenor
Cited By: 1 case
Status: Published