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ILLINOIS COMMERCE COM'N v. I.C.C.

No. 86-1386.

819 F.2d 311 (1987)

ILLINOIS COMMERCE COMMISSION, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Illinois Central Gulf Railroad Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1987.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., with whom James E. Weging was on the brief, for petitioners.

Charles Alan Stark, Attorney, I.C.C., with whom Robert S. Burk, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, I.C.C., John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice were on the brief, for respondents.

J. Thomas Tidd, Hollis G. Duensing, John T. Sullivan, were on the brief for amicus curiae, Association of American Railroads, urging the affirmance of the I.C.C. decision.

Howard Koontz, Chicago, Ill., entered an appearance for intervenor.

Before WALD, Chief Judge, SILBERMAN, Circuit Judge, and REVERCOMB, District Judge.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge.

Petitioners challenge the Interstate Commerce Commission's (ICC) decision to exempt from regulation all written trackage rights agreements not made in the context of rail consolidation proceedings. See 1 I.C.C.2d 270 (1985). Because we conclude that the ICC did not act improperly by granting this broadscale exemption, we deny the petition for review.

I. BACKGROUND

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