American Trucking Ass'n's v. Interstate Commerce Commission

747 F.2d 787, 241 U.S. App. D.C. 350
CourtCourt of Appeals for the D.C. Circuit
DecidedNovember 9, 1984
DocketNos. 84-1008, 84-1032
StatusPublished
Cited by21 cases

This text of 747 F.2d 787 (American Trucking Ass'n's v. Interstate Commerce Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Trucking Ass'n's v. Interstate Commerce Commission, 747 F.2d 787, 241 U.S. App. D.C. 350 (D.C. Cir. 1984).

Opinion

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Petitioners in these consolidated cases challenge the validity of an Interstate Commerce Commission (“ICC”) policy statement regarding applications for permits to operate as motor contract carriers. They claim the policy statement liberalizes the process in a fashion that is inconsistent with the statutory definition of contract carriage and with the statutory provisions governing permits for motor contract carriage. We do not reach those issues because we find that the case is not ripe for adjudication.

I

The Motor Carrier Act of 1980, 94 Stat. 793 (1980) (codified at scattered sections of 49 U.S.C. (1982)), modified various aspects of the law governing contract carriage. Among other things it amended the definition of contract carriage to mean:

a person providing motor vehicle transportation of property for compensation under continuing agreements with one or more persons—
(i) by assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or
(ii) designed to meet the distinct needs of each such person.

49 U.S.C. § 10102(14)(B) (1982).

In June 1983 the ICC asked for comments on issuance of contract carriage permits authorizing industry-wide service. 48 [352]*352Fed.Reg. 24,397 (1983). In December 1983, it issued the policy statement challenged in these proceedings, Ex Parte No. MC-165 (Sub-No. 1), Motor Contract Carriers of Property — Proposal to Allow Issuance of Permits Authorizing Industry-Wide Service, 133 M.C.C. 298 (1983). The following month the American Trucking Associations, Inc., et al. (“ATA”), and the International Brotherhood of Teamsters filed separate petitions for this court’s review under 28 U.S.C. §§ 2342(5), 2344 (1982). We consolidated the appeals.

The parties disagree sharply on the scope and meaning of the challenged policy statement. The ICC maintains that it does little more than give formal recognition to the possibility that industry-wide needs may be sufficiently distinct to qualify for contract carriage, a possibility recognized long before the 1980 Act in the limited context of banks and other entities needing armored vehicle service, Armored Carrier Corporation Extension — Vermont, 102 M.C.C. 411 (1966). See Brief for Respondents at 18-19. At oral argument, counsel for the ICC asserted that the only substantive feature of the policy statement is its provision that an applicant for a contract carriage permit need not provide shipper evidence to support its application — in his view an almost trivial change in evidentiary requirements.

Petitioners, on the other hand, view the policy statement as little short of revolutionary. At oral argument counsel for petitioners asserted that it amounts to allowing contract carriers to act as common carriers without being subject to the accompanying regulation. Petitioners argue that the policy statement’s guidelines violate the statutory requirement that a contract carrier must either assign motor vehicles for the exclusive use of each shipper or provide service under a continuing agreement designed to meet the needs of each shipper. See Brief for ATA at 15-18. The ICC’s announced standard, they say, “alters the requirement that each individual customer have distinct, specialized needs. The focus now is on just the opposite. It is on the common, generic transportation requirements.” Id. at 17. To demonstrate that their own interpretation, rather than the respondents’ is correct, they have appended to their briefs and discussed at oral argument a number of ICC decisions on permit applications issued after the policy statement, “as evidence and illustrations of the Commission’s actual course of action and practices with respect to the challenged decision.” Reply Brief for ATA at 15.

II

We do not reach the merits of this dispute because a sound application of the doctrine of ripeness requires our abstention at this stage. As the Supreme Court noted in Abbott Laboratories v. Gardner, 387 U.S. 136, 148-49, 87 S.Ct. 1507, 1515-1516, 18 L.Ed.2d 681 (1967), the function that doctrine in the context of reviewing agency action is to “prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements over administrative policies, and also to protect the agencies from judicial interference until an administrative decision has been formalized and its effects felt in a concrete way by the challenging parties.” Except to the extent, which we need not here determine, that the ripeness doctrine is part of the “case or controversy” requirement that determines the limits of our jurisdiction, see Regional Rail Reorganization Act Cases, 419 U.S. 102, 138, 95 S.Ct. 335, 355, 42 L.Ed.2d 320 (1974), the latter purpose — that of protecting the agency— can perhaps be disregarded when, as here, the affected agency itself has raised no objection to pur involvement. The former purpose, however — that of avoiding our entanglement in abstract disagreements— serves the function not merely of protecting the agency, but of protecting ourselves in two respects: First, protecting us from adjudicating matters that are not sufficiently “fleshed out” that we may see the concrete effects and implications of what we do. And second, protecting us from adjudicating matters that in fact make no [353]*353difference and are a waste of our resources.

It is clear to us that the Abbott Laboratories test of ripeness is not met here. Even assuming the “fitness of the issues for judicial decision,” there would not be any “hardship to the parties of withholding court consideration.” Abbott Laboratories, supra, 387 U.S. at 149, 87 S.Ct. at 1515. The present policy statement neither imposes any obligation upon these petitioners, nor in any other respect has any impact upon them “felt immediately ... in conducting their day-to-day affairs.” Toilet Goods Association, Inc. v. Gardner, 387 U.S. 158, 164, 87 S.Ct. 1520, 1524, 18 L.Ed.2d 697 (1967). At most the policy statement means that future actions of the Commission (its licensing of contract carriers) may be damaging to the petitioners — but that prospect in no way affects any action they must take or should take at the present time. In this respect, the case is indistinguishable from our recent dismissal on grounds of ripeness, at the urging of this very agency, in South Carolina Electric & Gas Co. v. ICC, 734 F.2d 1541 (D.C.Cir.1984).

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Bluebook (online)
747 F.2d 787, 241 U.S. App. D.C. 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-trucking-assns-v-interstate-commerce-commission-cadc-1984.