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National Tank Truck Carriers, Inc. v. Interstate Commerce Comm'n

Citation: 7 ELR 20633
No. No. 76-1522, 559 F.2d 845/10 ERC 1394/(D.C. Cir., 07/12/1977)

The court affirms an order of the Interstate Commerce Commission (ICC) requiring special operating authority to enable motor carriers to transport certain waste materials for recycling. Petitioner asserted that the ICC order lacks a rational basis and is inconsistent with an earlier court decision on the same basic issue. The prior decision remanded an ICC order because of its failure to consider adequately two factors that should be considered prior to issuance of motor carrier licenses. In the ICC's second order, the court finds that the ICC adequately dealt with the prospects that existing carriers would not provide the needed transportation services and that the need for transportation for recyclable waste materials will grow substantially in the future. The court also concludes that the ICC found that existing motor carriers would not be impaired by new licensing for transportation of recyclable waste products because many carriers are not interested in handling the available business. In addition, the court notes that the ICC made findings as to the substantiality of railroad revenues from current transportation of waste materials and that the proposed service would not cause a "material diversion" of business from existing rail carriers. The court finds no tenable ground to refute the ICC findings or to fault its analysis.

Counsel for Petitioner
Marshall Kragen, Harry C. Ames, Jr.
Ames, Hill & Ames P.C.
805 McLachlen Nat'l Bank Bldg., 666 11th St. NW, Washington DC 20001
(202) 628-9243

Counsel for Respondents
Kenneth P. Kolson (with Mark L. Evans, General Counsel; Charles H. White, Assoc. General Counsel; Peter A. Fitzpatrick)
Interstate Commerce Commission, Washington DC 20423
(202) 275-7312

Lloyd John Osborn
Department of Justice, Washington DC 20530
(202) 739-2435

Counsel for Intervenors Traffic Executive Association — Eastern Railroads Western Railroad Association
John J. Paylor, Ass't General Solicitor
Chesapeake & Ohio Railroad
2909 Terminal Tower, Cleveland OH 44101
(216) 623-2484

Robert G. Seaks
Wheeler & Wheeler
15th & H Sts. NW, Southern Bldg., Washington DC 20005
(202) 347-7117

Before WRIGHT and WILKEY, Circuit Judges, and JONES,* Senior District Judge.