American Trucking Ass'n v. Interstate Commerce Commission

Ninth Circuit

American Trucking Ass'n v. Interstate Commerce Commission

770 F.2d 810

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 4, 1985

DocketNos. 84-7545, 85-7546

StatusPublished

Cited by1 cases

This text of 770 F.2d 810 (American Trucking Ass'n v. Interstate Commerce Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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Opinion

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).

[811]*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.

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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).

[811]*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.

American Trucking Associations, Inc. Film, Air and Package Carriers Association Interstate Carriers Conference National Tank Truck Carriers, Inc. Oilfield Haulers Association Oregon Trucking 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, Warehousemen and Helpers of America, and Patrick W. Simmons, Intervenor v. Interstate Commerce Commission, and United States of America, and Association of American Railroads, Intervenor

770 F.2d 810 (Ninth Circuit, 1985)

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770 F.2d 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-trucking-assn-v-interstate-commerce-commission-ca9-1985.

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