NAT. ASS'N OF REGULATORY UTILITY COM'RS v. I.C.C.

Nos. 93-1362, 93-1450.

41 F.3d 721 (1994)

NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Illinois Commerce Commission, Kansas Corporation Commission, Oklahoma Corporation Commission, State of Rhode Island & Providence Plantations Division of Public Utilities & Carriers, Public Service Commission of South Carolina, Montana Public Service Commission, and Arkansas State Highway Commission, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, American Trucking Association, American Movers Conference, Interstate Truckload Carriers Conference, Alabama Public Service Commission, Oregon Public Utility Commission, Louisiana Public Service Commission, Mississippi Public Service Commission, Public Utilities Commission of Ohio, Nebraska Public Service Commission, American Bus Association, Railroad Commission of Texas, Public Utilities Commission of the State of California, American Insurance Association, National Association of Independent Insurers, Colorado Public Utilities Commission, and Tennessee Public Service Commission, Intervenors. AMERICAN INSURANCE ASSOCIATION, and National Association of Independent Insurers, Petitioners, v. INTERSTATE COMMERCE COMMISSION, and United States of America, Respondents, National Association of Regulatory Utility Commissioners, American Trucking Association, American Movers Conference, Interstate Truckload Carriers Conference, and Oregon Public Utility Commission, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 1994.


Attorney(s) appearing for the Case

Charles D. Gray argued the cause for petitioners Nat. Ass'n of Regulatory Utility Com'rs, et al. With him on the briefs were Robert L. Wilson, Martin Jacobson, Paul Rodgers, F. David Butler, and Christine A.G. Southgate. Brian J. Moline entered an appearance for petitioner Kansas Corp. Com'n. Leslie W. Pepper entered an appearance for petitioner Oklahoma Corp. Com'n.

Eugene Scalia argued the cause for petitioners American Ins. Ass'n and Nat. Ass'n of Independent Insurers. With him on the briefs were David Snyder, William J. Kilberg, and Theodore J. Boutrous.

Michael L. Martin, Attorney, Interstate Commerce Com'n, argued the cause for respondents. With him on the briefs were Henri F. Rush, General Counsel, and Craig M. Keats, Associate General Counsel, Interstate Commerce Com'n, and Anne K. Bingaman, Asst. Atty. Gen., Robert B. Nicholson, and John P. Fonte, Attorneys, U.S. Dept. of Justice.

Keith L. Kutler argued the cause for intervenors Oregon Public Utility Com'n, et al. With him on the briefs were Ida M. Passamonti and John A. Garner. Kenneth E. Siegel entered an appearance for intervenor American Trucking Ass'n, et al. Brian A. Eddington entered an appearance for intervenor Louisiana Public Service Com'n. William B. McKinley entered an appearance for intervenor Mississippi Public Service Com'n. James B. Gainer entered an appearance for intervenor Public Utilities Com'n of Ohio. L. Steven Grasz entered an appearance for intervenor Nebraska Public Service Com'n. Charles A. Webb entered an appearance for intervenor American Bus Ass'n. Elizabeth R.B. Sterling entered an appearance for intervenor R.R. Com'n of Texas. Neil L. Tillquist entered an appearance for intervenor Colorado Public Utilities Com'n. Henry M. Walker entered an appearance for intervenor Tennessee Public Service Com'n.

Before: SILBERMAN, BUCKLEY, and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

In these consolidated cases, petitioners seek review of several aspects of the Interstate Commerce Commission's "single-state registration" regulations, which modify the system under which interstate motor carriers register with the states through which they operate their vehicles. We vacate and remand that part of the ICC's regulations which authorizes motor carriers, rather...

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