460 U.S. 1025 | SCOTUS | 1983
Dissenting Opinion
with whom Justice Powell and Justice Rehnquist join, dissenting.
The Motor Carrier Act of 1980, 49 U. S. C. § 10101 et seq. (1976 ed., Supp. V), authorizes the Interstate Commerce Commission to lift restrictions on motor carriers’ existing authority where the removal would, among other things, “rea
In this case, Maxwell Co. applied to the Commission to broaden the commodity description in one of its existing certificates from “spent silica gel catalyst, in bulk” to “commodities in bulk.” After considering submissions from Maxwell, and comments filed by two carriers objecting to the proposed broadening, the Commission’s Restriction Removal Board concluded that the application should be granted. The Board found that the proposed broadening “will reduce the consumption of energy resources, will offer potential cost savings and improved efficiency, will enable applicant to provide full service to a broader range of shippers and in rural communities, and will be consistent with the [transportation policies of the Act].” The Commission denied internal appeal.
Steere Tank Lines, one of the objecting carriers, then challenged the Commission’s action in the Court of Appeals for the Fifth Circuit, arguing that the Commission’s guidelines were not valid under the Act. Relying on its earlier decision in American Trucking Assns., Inc. v. ICC, 659 F. 2d 452 (1981), cert. denied, ante, p. 1022, the court held that the Commission’s action was improper. 666 F. 2d 255 (1982). The Fifth Circuit maintained that the Commission’s guidelines fail to account for the Motor Carrier Act’s mandate that every carrier be “fit, willing, and able ... to provide the transportation to be authorized by the certificate.” 49 U. S. C. § 10922(a)(1) (1976 ed., Supp. V). Accordingly, the court remanded the decision in this case to the Commission for further proceedings.
I would grant certiorari in this case. Although another Circuit that has considered this issue has reached the same result, see Ritter Transportation, Inc. v. ICC, 221 U. S. App. D. C. 312, 684 F. 2d 86 (1982), cert. denied, ante, p. 1022, there is considerable force to the Commission’s argument that these decisions frustrate the will of Congress. Nor do I agree with respondents that it is too early to determine whether the Courts of Appeals’ decisions will substantially impair national transportation goals. The Commission itself is in the best position to speak to this matter. The Commission reports that its Restriction Removal Board, which regularly processed applications for expanded authority, has been closed down due to a lack of applications being filed. The Commission believes this is at least partially attributable to
If certiorari were granted, I would hold the petitions filed by the Commission in ICC v. Ritter Transportation, Inc., No. 82-594, and ICC v. American Trucking Assns., Inc., No. 82-86, pending consideration of this case.
Lead Opinion
C. A. 5th Cir. Certio-rari denied.