Public Convenience And Necessity

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

• W. AIR Lines, Inc. v. Civil Aeronautics Bd.
  495 F.2d 145· D.C. Cir.· 1974-02-20 ·cited 26×
  The court held that the Civil Aeronautics Board had the statutory authority to suspend permanent certificates for a seven-year period and issue temporary authority to another carrier when the public convenience and necessity required it, based on substantial evidence.
• Callery Props., Inc. v. Fed. Power Comm'n
  335 F.2d 1004· 5th Cir.· 1964-08-14 ·cited 26×
  The court held that the Commission erred in excluding cost and economic data evidence and in imposing a moratorium on price increases for permanent certificates. The court also found the refund order permissible.
• Great S. Trucking Co. v. Douglas
  147 Fla. 552· Fla.· 1941-06-27 ·cited 26×
  An order of an administrative agency such as the Railroad Commission will not be quashed on certiorari when it is within the agency's statutory authority, supported by appropriate procedure, sustained by ample legal evidence, and not shown to violate or disregard controlling law;
• Matthews v. State
  111 Fla. 587· Fla.· 1933-08-02 ·cited 26×
  The Florida Supreme Court reversed a writ of prohibition issued against the Railroad Commission, holding that Union Bus Company's amended application for an interstate motor carrier permit was not barred by a statute prohibiting reconsideration of denied applications covering ide
• Ill. Commerce Comm'n & Patrick W. Simmons v. Interstate Commerce Comm'n & United States
  787 F.2d 616· D.C. Cir.· 1986-04-04 ·cited 24×
  The court held that the Interstate Commerce Commission's order deregulating abandonments of out-of-service rail lines was arbitrary and unsupported by essential findings, requiring remand for further consideration.
• Refrigerated Transp. Co., Inc. v. The Interstate Commerce Comm'n & United States
  663 F.2d 528· 5th Cir.· 1981-12-10 ·cited 24×
  The court held that the Interstate Commerce Commission's order granting operating authority was unsupported by substantial evidence and lacked adequate articulation of its reasoning regarding adverse impacts.
• Am. Trucking Ass'ns, Inc. v. United States & Interstate Commerce Comm'n
  627 F.2d 1313· D.C. Cir.· 1980-04-24 ·cited 24×
  The court held that the Interstate Commerce Commission's new regulations governing intervention in motor carrier licensing proceedings are within the agency's statutory authority and are not arbitrary, capricious, or an abuse of discretion.
• In re Chicago
  611 F.2d 662· 7th Cir.· 1979-10-02 ·cited 24×
  The court held that while a railroad cannot be forced to operate indefinitely at a loss, it may be ordered to continue service for a reasonable time, and priority borrowings are permissible to avoid cashlessness and allow for reorganization planning, even if it impacts creditors.
• Miller Transporters, Inc. v. The United States & Interstate Commerce Comm'n
  594 F.2d 463· 5th Cir.· 1979-05-04 ·cited 24×
  The court held that the Interstate Commerce Commission's order granting broad operating authority to McKenzie Tank Lines was supported by substantial evidence and was not arbitrary or capricious.
• Greyhound Corp. v. Carter
  124 So. 2d 9· Fla.· 1960-10-21 ·cited 24×
  Greyhound Corporation challenged two extensions of a certificate granted to Tamiami Trail Tours to operate bus routes in Florida. The Florida Supreme Court upheld the Railroad and Public Utilities Commission's grant of the extensions, finding that public convenience and necessity
• Fla. Econ. Advisory Council v. Fed. Power Comm'n
  251 F.2d 643· D.C. Cir.· 1957-12-04 ·cited 24×
  The court held that the Commission's procedure in omitting the intermediate decision and subsequently modifying a certificate ex parte was unfair and subverted the legislative scheme.
• Burton v. Matanuska Valley Lines, Inc.
  244 F.2d 647· 9th Cir.· 1957-04-08 ·cited 24×
  The court held that the trial court did not abuse its discretion in granting a preliminary injunction, as serious legal questions were presented and the injunction served to preserve the status quo pending final determination.
• Tamiami Trail Tours, Inc. v. Carter
  80 So. 2d 322· Fla.· 1954-10-26 ·cited 24×
  The Florida Supreme Court denied a petition for certiorari challenging the Florida Railroad and Public Utilities Commission's grant of a certificate of public convenience and necessity to transport alcoholic beverages. The Court held that the Commission acted within its authority
• Atl. Coast Line R. R. Co. v. R.R. Comm'n
  149 Fla. 245· Fla.· 1942-01-09 ·cited 24×
  The Florida Railroad Commission granted Flamingo Truck Lines, Inc. a certificate to operate in intrastate commerce, finding it was in the public interest due to more efficient and economical transportation. The appellate court affirmed, holding that the Commission did not err in
• Cent. Truck Lines, Inc. v. King
  146 So. 2d 370· Fla.· 1962-11-07 ·cited 23×
  The Florida Supreme Court reversed an order by the Railroad and Public Utilities Commission granting a certificate extension to Alterman Transport Lines because the Commission failed to include findings of fact supporting its decision, violating statutory requirements and its own
• Am. Airlines, Inc. v. Civil Aeronautics Bd.
  192 F.2d 417· D.C. Cir.· 1951-09-27 ·cited 23×
  The court held that the Civil Aeronautics Board did not err in its consideration and determination of air cargo carrier certificates, as its function is promotional and forward-looking, requiring estimates of future potential based on past and present data.
• Ry. Labor Executives' Ass'n v. United States
  791 F.2d 994· 2d Cir.· 1986-05-22 ·cited 22×
  The court held that RLEA's failure to raise the subterfuge argument before the ICC bars appellate review, and affirmed the ICC's reasonable interpretation that section 10905 does not permit the imposition of labor protective conditions.
• Cartersville Elevator, Inc. v. Interstate Commerce Comm'n
  724 F.2d 668· 8th Cir.· 1984-01-03 ·cited 22×
  The court should have remanded the case to the ICC for further development of the record concerning the burdens on interstate commerce caused by continued operation of the rail line.
• Bloomer Shippers Ass'n & its Members v. Interstate Commerce Comm'n & United States
  679 F.2d 668· 7th Cir.· 1982-05-06 ·cited 22×
  The court affirmed the ICC's decision, holding that its findings regarding the inadequacy of the rail line for 100-ton cars and the justification for abandonment were supported by substantial evidence and were not arbitrary or capricious.
• Trailways, Inc. v. Interstate Commerce Comm'n & United States
  673 F.2d 514· D.C. Cir.· 1982-03-16 ·cited 22×
  The court held that the ICC's order granting Greyhound authority was arbitrary and capricious because it failed to adequately consider the systemwide anticompetitive impact on Trailways.
• Am. Trucking Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  642 F.2d 916· 5th Cir.· 1981-04-17 ·cited 22×
  The court held that the Interstate Commerce Commission could use informal rulemaking to establish general licensing criteria for motor carriers transporting government traffic, and that promoting competition was a valid basis for such rules.
• MCI Telecomms. Corp. v. Fed. Commc'ns Comm'n & United States
  561 F.2d 365· D.C. Cir.· 1977-07-28 ·cited 22×
  The court held that the FCC improperly rejected MCI's Execunet tariff without following statutory procedures for restricting services offered over existing facilities.
• Common Carrier Conference-Irregular Route v. The United States & the Interstate Commerce Comm'n
  534 F.2d 981· D.C. Cir.· 1976-04-23 ·cited 22×
  The court affirmed the Interstate Commerce Commission's Gateway Elimination Regulations, finding they were within statutory authority and promulgated with adequate notice.
• E. AIR Lines, Inc. v. Civil Aeronautics Bd.
  271 F.2d 752· 2d Cir.· 1959-10-07 ·cited 22×
  The court held that the Civil Aeronautics Board did not err in its route awards, finding no violations of procedural fairness or statutory requirements. The court affirmed the Board's decisions regarding route awards and denied a motion to appoint a referee.
• Greensboro-High Point Airport Auth. v. Civil Aeronautics Bd.
  231 F.2d 517· D.C. Cir.· 1956-03-22 ·cited 22×
  The court held that the Civil Aeronautics Board's actions violated the Administrative Procedure Act by deviating from its notice of hearing and denying a fair hearing to Greensboro-High Point.
• Braniff Airways, Inc. v. Civil Aeronautics Bd. (Essair, Inc.
  147 F.2d 152· D.C. Cir.· 1945-01-29 ·cited 22×
  The court held that the Civil Aeronautics Board abused its discretion by denying a motion for rehearing without opinion, requiring a new hearing to determine current facts.
• Cross-Sound Ferry Servs., Inc. v. The United States & Interstate Commerce Comm'n
  573 F.2d 725· 2d Cir.· 1978-03-13 ·cited 21×
  The court held that the Interstate Commerce Commission (ICC) acted within its discretion in granting Maseony Transport and Ferry Service, Inc. a conditional certificate of public convenience and necessity, and that the petitioners' challenges based on procedural irregularities, e
• Sunray DX OIL Co. v. Fed. Power Comm'n
  370 F.2d 181· 10th Cir.· 1966-12-09 ·cited 21×
  The court held that the Commission's determination of the 'in-line' price by selecting the lowest price segment constituted an erroneous application of legal standards, departing from the 'current conditions' and 'existing levels' tests.
• THE Pure OIL Co. v. Fed. Power Comm'n
  292 F.2d 350· 7th Cir.· 1961-07-07 ·cited 21×
  The court held that the Federal Power Commission lacked the authority to impose a condition reducing the initial contract sales price for natural gas in a temporary certificate order without sufficient evidentiary basis.
• Great S. Trucking Co. v. MacK
  54 So.2d 153· Fla.· 1951-09-07 ·cited 21×
  The Florida Supreme Court reviewed an order by the Florida Railroad Commission granting a trucking company an extended certificate of public convenience and necessity. The court affirmed the commission's decision, finding substantial evidence supported the finding that the existi
• Cent. Truck Lines, Inc. v. R.R. Comm'n & Receivers of & for Seaboard Air Line Ry. Co.
  118 Fla. 526· Fla.· 1935-02-28 ·cited 21×
  Central Truck Lines challenged the Railroad Commission's grant of a certificate of public convenience and necessity to Seaboard Air Line Railway to operate temporary motor carrier service as a substitute for rail service between Tampa-Brooksville and Waldo-Morriston. The Florida
• Ass'n OF Am. Railroads v. Interstate Commerce Comm'n & United States
  846 F.2d 1465· D.C. Cir.· 1988-05-17 ·cited 20×
  The court held that the ICC's reclassification of return on investment in equipment from avoidable cost to opportunity cost was inadequately explained and remanded for further justification, but found no merit in the challenge to the use of a real rate of return.
• Black v. Interstate Commerce Comm'n & United States
  737 F.2d 643· 7th Cir.· 1984-06-15 ·cited 20×
  The court held that the ICC's calculation of lost coal revenues was arbitrary and capricious because it deviated from its own regulations and relied on an unconsummated sale. The court also found that the ICC should have considered a shipper's second offer of financial assistance
• Trailways, Inc. v. Interstate Commerce Comm'n & United States
  727 F.2d 1284· D.C. Cir.· 1984-02-21 ·cited 20×
  The ICC rule allowing automatic removal of intermediate point restrictions from deviation routes is a permissible interpretation of Section 7 of the Bus Regulatory Reform Act of 1982. However, the Commission exceeded its authority by granting a certificate for a deviation route,
• Ga. Pub. Serv. Comm'n v. United States & Interstate Commerce Comm'n
  704 F.2d 538· 11th Cir.· 1983-05-02 ·cited 20×
  The court held that the ICC's decision to permit abandonment of the railroad line was not supported by substantial evidence and was arbitrary and capricious, as the record did not adequately support findings regarding alternative transportation and impact on rural development.
• Farmland Indus., Inc. v. United States & Interstate Commerce Comm'n
  642 F.2d 208· 7th Cir.· 1981-03-03 ·cited 20×
  The court held that the ICC's policy statement allowing consideration of opportunity costs in railroad abandonment decisions was a valid policy statement, not a new rule, and was within the ICC's statutory authority and not arbitrary or capricious.
• Transcon. GAS Pipe Line Corp. v. Fed. Energy Regulatory Comm'n
  589 F.2d 186· 5th Cir.· 1979-02-06 ·cited 20×
  The court held that the petition for review was not premature, and the condition imposed by the Commission was reasonable and supported by the public convenience and necessity.
• Trucking Unlimited v. Cal. Motor Transp. Co.
  432 F.2d 755· 9th Cir.· 1970-10-05 ·cited 20×
  The dissenting judge would affirm the lower court's decision, finding the defendants' actions protected from Sherman Act liability.
• Pub. Serv. Comm'n OF the State OF NEW York v. Fed. Power Comm'n
  287 F.2d 143· D.C. Cir.· 1960-12-08 ·cited 20×
  The court held that the Federal Power Commission cannot grant an unconditional certificate for a pipeline project relying on gas acquisition costs without scrutinizing those costs for consistency with public convenience and necessity, even if the acquisition itself is structured
• Sunray Mid-Continent OIL Co. (formerly Sunray Oil Corporation) v. Fed. Power Comm'n
  239 F.2d 97· 10th Cir.· 1956-10-29 ·cited 20×
  The court held that the Federal Power Commission has the discretion to grant certificates of public convenience and necessity without time limitations, even if the applicant requests a limited duration, as long as it is consistent with public convenience and necessity.
• United AIR Lines, Inc. v. Civil Aeronautics Bd.
  228 F.2d 13· D.C. Cir.· 1955-06-30 ·cited 20×
  The court held that the Civil Aeronautics Board's order denying consolidation of certain applications was interlocutory and not presently subject to review.
• Nw. Airlines, Inc. v. Civil Aeronautics Bd.
  194 F.2d 339· D.C. Cir.· 1952-01-18 ·cited 20×
  The court held that the Civil Aeronautics Board erred by granting Capital Airlines a certificate for nonstop service without a comparative hearing of Northwest Airlines' pending, mutually exclusive application for the same service.
• Pensacola Transit, Inc. v. Douglass
  160 Fla. 192· Fla.· 1948-02-24 ·cited 20×
  The Florida Supreme Court upheld the Railroad Commission's order granting a certificate of public convenience and necessity to Frank Petelinski and Red Ball Motor Lines to operate motor bus service on specified routes in the Pensacola area. The Court rejected challenges from exis
• Frontier Airlines, Inc. v. Civil Aeronautics Bd.
  621 F.2d 369· 10th Cir.· 1980-05-27 ·cited 19×
  The court held that the Civil Aeronautics Board has the statutory authority, by necessary implication, to issue temporary backup service orders to ensure continuous essential air transportation to small communities.
• Outagamie Cnty. v. Civil Aeronautics Bd.
  355 F.2d 900· 7th Cir.· 1966-01-18 ·cited 19×
  The court held that the Civil Aeronautics Board's order consolidating air service to single airports for pairs of cities was supported by substantial evidence and properly considered statutory criteria, balancing public interest factors.
• S & J Transp., Inc. v. Gordon
  176 So. 2d 69· Fla.· 1965-05-19 ·cited 19×
  The Florida Supreme Court invalidated a 1963 statute allowing Dade County to contract with limousine companies for airport ground transportation to all points in the county, holding that the law violated the Florida Constitution's home rule provision by relating solely to Dade Co
• Pub. Serv. Comm'n OF State OF NEW York v. Fed. Power Comm'n
  257 F.2d 717· 3d Cir.· 1958-06-30 ·cited 19×
  The Federal Power Commission exceeded its statutory authority by issuing certificates of public convenience and necessity without adequately considering the proposed initial rate, especially when the applicants threatened to withhold gas from interstate commerce.
• State v. The Fla. E. Coast Ry. Co.
  71 Fla. 433· Fla.· 1916-04-05 ·cited 19×
  The Florida Supreme Court granted a writ of mandamus requiring the Florida East Coast Railway Company to establish an agency station at Ojus, Florida, holding that the Railroad Commissioners' order was not arbitrary or unreasonable despite the railway's claims about costs and nec
• Pub. Utils. Comm'n OF the State OF Cal. v. Fed. Energy Regulatory Comm'n
  900 F.2d 269· D.C. Cir.· 1990-04-03 ·cited 18×
  The court affirmed FERC's grant of an Optional Expedited Certificate (OEC) to WyCal, holding that FERC's jurisdiction over interstate natural gas transportation extends to high-pressure delivery to end-users, and that the OEC processing did not violate the Ashbacker doctrine or f
• Maryland People's Counsel v. Fed. Energy Regulatory Comm'n
  761 F.2d 780· D.C. Cir.· 1985-05-10 ·cited 18×
  The court held that FERC failed to adequately consider the anticompetitive consequences of its blanket certificate orders, which allowed pipelines to transport direct-sale gas to fuel-switchable end users without offering the same service to captive consumers.