Public Convenience And Necessity

453 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Braniff Airways v. Civil Aeronautics Bd.
  379 F.2d 453· D.C. Cir.· 1967-04-12 ·cited 209×
  The court held that the Civil Aeronautics Board's factual findings regarding route integration and facility needs were unsupported by substantial evidence, requiring remand. However, procedural objections regarding quorum and signature procedures were dismissed.
• Fla. Motor Lines, Inc. v. R.R. Comm'rs
  100 Fla. 538· Fla.· 1930-08-04 ·cited 159×
  The Florida Supreme Court holds that a railroad commission's order granting a competitor's application to substitute larger buses for smaller vehicles on an existing transportation route is subject to judicial review by writ of certiorari. The Court quashes the order because the
• Fla. Motor Lines, Inc. v. R.R. Comm'n
  132 So. 851· Fla.· 1931-03-03 ·cited 109×
  This case concerns the Florida Railroad Commission's authority to allow a motor transportation company to substitute larger buses for smaller sedans, even when an existing carrier protested. The court affirmed the Commission's decision, emphasizing the public's convenience and ne
• Tamiami Trail Tours, Inc. v. Fla. R.R. Comm'n
  128 Fla. 25· Fla.· 1937-03-11 ·cited 79×
  Tamiami Trail Tours, Inc. sought certiorari to review the Florida Railroad Commission's denial of its application for a certificate of public convenience and necessity to operate bus service between Tampa and Tallahassee. The Florida Supreme Court granted the writ, finding the Co
• Seaboard Air Line Ry. Co. v. Wells
  100 Fla. 1027· Fla.· 1930-10-28 ·cited 75×
  Seaboard Air Line Railway and Louisville & Nashville Railroad challenged a railroad commission order granting a motor bus company a certificate of public convenience and necessity for night service between Jacksonville and New Orleans, arguing the commission unlawfully failed to
• Cent. Truck Lines, Inc. v. R.R. Comm'n & St. Johns River Line Co.
  118 Fla. 555· Fla.· 1935-03-01 ·cited 69×
  The Florida Supreme Court quashed a Railroad Commission order that granted St. Johns River Company authority to operate a new through motor truck service at depressed rates between Tampa and Sanford by combining its existing water and truck services with the separately-held McLeo
• Scenic Hudson Preservation Conference v. Fed. Power Comm'n
  453 F.2d 463· 2d Cir.· 1971-10-22 ·cited 66×
• Nat'l Coal Ass'n v. Fed. Power Comm'n
  191 F.2d 462· D.C. Cir.· 1951-06-18 ·cited 58×
  The court held that petitioners, representing coal mine owners, operators, and railroad employees, were sufficiently 'aggrieved' by the Federal Power Commission's order to have standing to seek judicial review, as their economic interests in competing fuel markets were directly a
• Hawaiian Tel. Co. v. Fed. Commc'ns Comm'n & The United States
  498 F.2d 771· D.C. Cir.· 1974-05-03 ·cited 54×
  The FCC failed to comply with its statutory mandate to find that public convenience and necessity require new service, and therefore the case is remanded for further action.
• People OF THE State OF Ill. v. Interstate Commerce Comm'n & United States
  722 F.2d 1341· 7th Cir.· 1983-12-05 ·cited 53×
  The court held that while the Commission's procedural errors in dismissing evidence and denying a motion to strike were not adequately explained, they were harmless because they could not have affected the outcome.
• Pub. Serv. Comm'n OF the State OF NEW York v. Fed. Power Comm'n
  543 F.2d 757· D.C. Cir.· 1974-03-25 ·cited 53×
  The court held that the Commission's denial of rehearing was a valid majority action that left Opinion No. 565-A intact, and that the lease-sale transaction, as originally agreed, did not meet the public convenience and necessity test.
• Ne. Airlines, Inc. v. Civil Aeronautics Bd.
  331 F.2d 579· 1st Cir.· 1964-05-08 ·cited 52×
  The court agreed with the Board's ultimate conclusion not to extend Northeast's certificate, but criticized the Board's reasoning and opinion.
• Texaco, Inc. v. Fed. Power Comm'n
  290 F.2d 149· 5th Cir.· 1961-04-14 ·cited 51×
  The Federal Power Commission has the authority under Section 7(e) of the Natural Gas Act to condition the issuance of a certificate of public convenience and necessity on the filing of a lower initial gas price than that agreed upon in the contract, if required by public convenie
• Refrigerated Transp. Co., Inc. v. The Interstate Commerce Comm'n & the United States
  616 F.2d 748· 5th Cir.· 1980-05-05 ·cited 49×
  The court held that the ICC's grant of operating authority to Belford Trucking between Jacksonville and Plant City, Florida, was supported by substantial evidence, but the grant of statewide authority was not.
• Maryland People's Counsel v. Fed. Energy Regulatory Comm'n
  761 F.2d 768· D.C. Cir.· 1985-05-10 ·cited 48×
  The court held that the Federal Energy Regulatory Commission (FERC) failed to provide a reasonable basis for its limitation on eligible purchasers of released natural gas under a special marketing program (SMP), specifically excluding captive customers.
• Fogarty Bros. Transfer, Inc. v. Boyd
  109 So. 2d 883· Fla.· 1959-02-25 ·cited 48×
  Motor freight carriers challenged an order by the Florida Railroad and Public Utilities Commission regulating household goods carriers' leasing practices, equipment domiciling, and agent activities. The Florida Supreme Court upheld the Commission's authority to promulgate these r
• Chem-Haulers, Inc. v. The United States & the Interstate Commerce Comm'n
  536 F.2d 610· 5th Cir.· 1976-08-04 ·cited 46×
  The court held that the petition for review was timely filed because the 60-day period runs from the date the ICC order was officially signed, sealed, and served, not from the internal decision date. The court also affirmed the ICC's grant of operating authority to Colonial Fast
• Am. Airlines, Inc. v. Civil Aeronautics Bd.
  365 F.2d 939· D.C. Cir.· 1966-07-19 ·cited 46×
  The court held that the Civil Aeronautics Board has the authority to authorize inclusive tour charters for supplemental air carriers, as the legislative history indicates Congress intended to leave the definition of 'charter trips' to the Board's discretion.
• Watkins Motor Lines, Inc. v. Interstate Commerce Comm'n & United States
  641 F.2d 1183· 5th Cir.· 1981-04-09 ·cited 44×
  The court held that the ICC's order granting authority from Los Angeles to the Southeast and from five specific southeastern port cities to Los Angeles was supported by substantial evidence under the old law, but the grant of authority from other points in the Southeast to Los An
• MAY Trucking Co. v. United States & Interstate Commerce Comm'n
  593 F.2d 1349· D.C. Cir.· 1979-02-07 ·cited 44×
  The court held that the Interstate Commerce Commission's grant of a certificate of public convenience and necessity to Ayala was supported by substantial evidence and was not arbitrary or capricious.
• United GAS Improvement Co. v. Fed. Power Comm'n
  283 F.2d 817· 9th Cir.· 1960-10-31 ·cited 44×
  The court held that the Federal Power Commission abused its discretion by issuing permanent, unconditional certificates based on a price line that improperly considered prices under review and failed to account for tax reimbursement differences.
• Aeronautical Radio, Inc. v. Fed. Commc'ns Comm'n & United States
  642 F.2d 1221· D.C. Cir.· 1980-06-24 ·cited 39×
  The court held that it lacked jurisdiction to review the FCC's acceptance of the TELPAK rate filing, as the agency order was not final and reviewable.
• State v. Atl. Coast Line R.R. Co.
  97 Fla. 816· Fla.· 1929-05-14 ·cited 39×
  This case concerns whether a railroad company can abandon a portion of its line without explicit permission from the Interstate Commerce Commission (ICC). The court held that the railroad's actions did not constitute an authorized abandonment and ordered the restoration of servic
• Ry. Labor Executives' Ass'n v. Pittsburgh & Lake Erie R.R. Co.
  845 F.2d 420· 3d Cir.· 1988-04-08 ·cited 38×
  The court held that the Railway Labor Act's (RLA) status quo bargaining requirement is superseded by the Interstate Commerce Act (ICA) and its amendments, including the Staggers Act, when the Interstate Commerce Commission (ICC) approves the sale of an entire rail system to a new
• Off. OF Consumers' Counsel v. Fed. Energy Regulatory Comm'n
  655 F.2d 1132· D.C. Cir.· 1980-12-08 ·cited 38×
  The court held that the Federal Energy Regulatory Commission (FERC) lacked jurisdiction to issue a certificate of public convenience and necessity for a coal gasification plant, as the order primarily served to facilitate financing rather than regulate the sale of commingled gas.
• NEW Castle Cnty. Airport Comm'n v. Civil Aeronautics Bd.
  371 F.2d 733· D.C. Cir.· 1966-11-17 ·cited 38×
  The court held that the Civil Aeronautics Board's amendment of an airline's certificate to delete a city was not reversible error, despite a potential misstatement of the statutory test, because the factual record was complete and the Board's reasoning was clear.
• People of the State of Ill. v. United States & Interstate Commerce Comm'n
  666 F.2d 1066· 7th Cir.· 1981-01-20 ·cited 34×
  The ICC's decision to permit railroad abandonment was arbitrary and capricious for three independent reasons: (1) the ICC's conclusory finding that maintenance expenses of $3,583 per mile were 'reasonable' failed adequately to address petitioners' argument that post-1976 cost inc
• Moss v. Fed. Power Comm'n
  502 F.2d 461· D.C. Cir.· 1974-08-15 ·cited 34×
  The court held that the Federal Power Commission's optional procedure for certifying new producer sales of natural gas, as clarified by its orders, is a valid exercise of its authority under the Natural Gas Act, and does not violate statutory standards or procedural requirements.
• S. Armored Serv., Inc. v. Mason
  167 So. 2d 848· Fla.· 1964-06-17 ·cited 34×
  The Florida Supreme Court quashed an order extending an armored car service's certificate of public convenience and necessity across five counties, holding that the Commission's underlying emergency order was void because it violated statutory procedural requirements, and that th
• Assure Competitive Transp., Inc. v. United States & Interstate Commerce Comm'n
  635 F.2d 1301· 7th Cir.· 1980-12-30 ·cited 32×
  The court held that the Interstate Commerce Commission's policy statement modifying criteria for motor common carrier certificates was lawful, not arbitrary or capricious, and did not violate environmental or energy laws.
• The City OF SAN Antonio & the San Antonio Chamber of Commerce v. Civil Aeronautics Bd.
  374 F.2d 326· D.C. Cir.· 1967-02-07 ·cited 32×
  The court held that the Civil Aeronautics Board did not abuse its discretion in limiting the cities considered for non-stop Pacific service and in denying intervention petitions, as these actions were reasonable administrative measures to manage a complex proceeding.
• City OF Lawrence v. Civil Aeronautics Bd.
  343 F.2d 583· 1st Cir.· 1965-04-09 ·cited 32×
  The court held that the agency's decision should not be reversed, as it was adequately supported and not legally erroneous.
• Panhandle E. Pipe Line Co. v. Fed. Power Comm'n
  169 F.2d 881· D.C. Cir.· 1948-06-03 ·cited 32×
  The court held that the Federal Power Commission's orders authorizing Michigan-Wisconsin Pipe Line Company to construct and operate a natural gas pipeline were supported by substantial evidence and required by public convenience and necessity.
• Argo-Collier Truck Lines Corp. & Refrigerated Transp. Co., Inc. v. The United States & the Interstate Commerce Comm'n
  611 F.2d 149· 6th Cir.· 1979-12-13 ·cited 30×
  The court held that the ICC's decision to grant Watkins Motor Lines a common carrier certification was not supported by substantial evidence and was arbitrary and capricious.
• Lynchburg GAS Co. v. Fed. Power Comm'n
  336 F.2d 942· D.C. Cir.· 1964-06-26 ·cited 30×
• Texaco, Inc. v. Fed. Power Comm'n
  317 F.2d 796· 10th Cir.· 1963-05-20 ·cited 30×
  The court held that the Commission's summary rejection of contracts containing indefinite price-changing clauses without a hearing lacked statutory authorization and deprived companies of their right to a hearing and judicial review. Order No. 242 was declared void.
• Alterman Transp. Line v. Carter
  88 So. 2d 594· Fla.· 1955-02-11 ·cited 30×
  The Florida Supreme Court, on rehearing, reconsidered its interpretation of a statute concerning the granting of certificates to new common carriers in territories already served by existing carriers, ultimately receding from a prior extension of a previous ruling.
• Mich. Consol. GAS Co. v. Fed. Energy Regulatory Comm'n
  883 F.2d 117· D.C. Cir.· 1989-08-18 ·cited 28×
  The court held that the Federal Energy Regulatory Commission (FERC) did not exceed its jurisdiction or act arbitrarily and capriciously in granting Panhandle Eastern Pipe Line Company a certificate to transport natural gas directly to National Steel Corporation, bypassing the loc
• United GAS Improvement Co. v. Fed. Power Comm'n
  290 F.2d 133· 5th Cir.· 1961-02-22 ·cited 28×
  The court held that the Commission erred in granting a certificate of public necessity and convenience without condition, as the proposed initial price was not sufficiently justified and was out of line with historical rates.
• Butler v. Carter
  123 So. 2d 313· Fla.· 1960-09-21 ·cited 28×
  The Florida Supreme Court upheld the Railroad and Public Utilities Commission's denial of an application by the Florida East Coast Railway Company and Railway Express Agency to close their profitable agency station at Ormond Beach, despite finding the closure would result in mode
• Leonard Bros. Transfer & Storage Co. v. Douglass
  159 Fla. 510· Fla.· 1947-10-07 ·cited 28×
  The Court held that the Securities and Exchange Commission could order officers and directors to surrender stock purchased during reorganization, even without a specific rule prohibiting such purchases, by relying on administrative experience and the need to announce a new standa
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n
  784 F.2d 959· 9th Cir.· 1986-03-11 ·cited 27×
  The court held that the Interstate Commerce Commission (ICC) correctly interpreted the relevant statutes and acted within its discretion by refusing to impose mandatory labor protections on the acquisition of a railroad line by a non-carrier. The court also remanded the case for
• Am. Transfer & Storage Co. v. Interstate Commerce Comm'n & United States
  719 F.2d 1283· 5th Cir.· 1983-11-21 ·cited 26×
  The court held that the Interstate Commerce Commission had good cause to issue interim rules without full notice and comment due to the immediate effectiveness of the Motor Carrier Act of 1980 and the need to adapt procedures to new statutory requirements.
• C & H Transp. Co., Inc. v. Interstate Commerce Comm'n & United States
  704 F.2d 834· 5th Cir.· 1983-05-13 ·cited 26×
  The majority opinion incorrectly holds that the Commission need not make additional findings under the National Transportation Act as long as shipper needs are satisfied.
• Simmons v. United States & Interstate Commerce Comm'n
  698 F.2d 888· 7th Cir.· 1983-01-28 ·cited 26×
  The court affirmed the ICC's order granting abandonment, finding that the procedural challenges were without merit and that the ICC's substantive findings were not arbitrary and capricious.
• Baggett Transp. Co. v. United States & Interstate Commerce Comm'n
  666 F.2d 524· 11th Cir.· 1982-01-25 ·cited 26×
  The court held that the Interstate Commerce Commission's grant of common carrier authority to transport explosives was supported by substantial evidence and not an abuse of discretion, even considering potential impacts on existing carriers.
• Curtis, Inc. v. Interstate Commerce Comm'n & United States
  662 F.2d 680· 10th Cir.· 1981-11-02 ·cited 26×
  The court held that the Interstate Commerce Commission's finding that Story, Inc. was fit to provide transportation services was not supported by substantial evidence and was arbitrary and capricious, particularly regarding its willingness to comply with applicable law.
• City OF Cherokee v. Interstate Commerce Comm'n & United States
  641 F.2d 1220· 8th Cir.· 1981-02-12 ·cited 26×
  The dissenting judge argues the majority erred by intruding on agency expertise, misinterpreting 'avoidable costs,' and raising an issue not presented by the parties.
• The W. Union Tel. Co. v. Fed. Commc'ns Comm'n & United States
  541 F.2d 346· 3d Cir.· 1976-07-28 ·cited 26×
  The court held that the FCC acted within its statutory authority in concluding that exchange of facilities contracts did not cover FX and CCSA services, and that Western Union waived contract rights for domestic satellite service by accepting its authorization.
• ASI, Inc. v. Fla. Pub. Serv. Comm'n
  334 So. 2d 594· Fla.· 1976-06-23 ·cited 26×
  The court held that the Public Service Commission did not err in granting a for-hire permit without an evidentiary hearing, as the relevant statute provides permits issue as a matter of right and the protestor lacked standing to object to competition.