Public Convenience And Necessity

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

• People OF the State OF Ill. & Bi-Petro Ref. Co., Inc. v. Interstate Commerce Comm'n & United States
  698 F.2d 868· 7th Cir.· 1983-01-24 ·cited 18×
  The court held that while the ICC erred in denying discovery of bridge traffic information, this error was harmless as the information would not have altered the abandonment decision. The court affirmed the ICC's decision to abandon the rail line.
• PAN Am. World Airways, Inc. v. Civil Aeronautics Bd.
  684 F.2d 31· D.C. Cir.· 1982-07-23 ·cited 18×
  The court held that while the CAB violated the Government in the Sunshine Act by closing its entire meeting, this violation did not warrant setting aside the agency's substantive decision to award emergency route authority, as the substantive decision was reasonable and the preju
• Trailways, Inc. v. Interstate Commerce Comm'n & United States
  681 F.2d 252· 5th Cir.· 1982-05-17 ·cited 18×
  The court held that the Interstate Commerce Commission did not abuse its discretion or act arbitrarily in granting Valley Transit Company authority for passenger and package express bus service and charter operations.
• Refrigerated Transp. Co., Inc. v. The Interstate Commerce Comm'n & The United States
  673 F.2d 1196· 11th Cir.· 1982-04-19 ·cited 18×
  The court held that the ICC did not abuse its discretion in denying an oral rehearing and that its grant of motor common carrier authority was supported by substantial evidence and consistent with the Motor Carrier Act of 1980.
• State OF Tex. v. United States & Interstate Commerce Comm'n
  642 F.2d 87· 5th Cir.· 1981-02-26 ·cited 18×
  The court held that the Interstate Commerce Commission properly evaluated public convenience and necessity in permitting railroad line abandonment, as its decision was supported by substantial evidence and consistent with statutory authority.
• Am. Pub. GAS Ass'n & Consumers Fed'n of Am. v. Fed. Energy Regulatory Comm'n
  587 F.2d 1089· D.C. Cir.· 1978-05-10 ·cited 18×
  The court held that the Federal Power Commission's Order No. 533, permitting interstate transportation of natural gas purchased in direct sale transactions, was a legitimate attempt to address gas shortages and was reviewable.
• DELTA AIR Lines, Inc. v. Civil Aeronautics Bd.
  564 F.2d 592· D.C. Cir.· 1977-09-21 ·cited 18×
  The court affirmed the Civil Aeronautics Board's decision to award a new air route to Eastern Air Lines, finding the decision supported by substantial evidence and a rational basis.
• Midwest Coast Transp., Inc. v. Interstate Commerce Comm'n & United States
  536 F.2d 256· 8th Cir.· 1976-06-07 ·cited 18×
  The court affirmed the Interstate Commerce Commission's order granting expanded operating authority, finding that the Commission's decision was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• O-J Transp. Co. v. United States & Interstate Commerce Comm'n
  536 F.2d 126· 6th Cir.· 1976-06-04 ·cited 18×
  The Interstate Commerce Commission did not abuse its discretion or act arbitrarily by denying O-J Transport's application for an automobile parts hauling certificate, as the Commission properly considered relevant transportation factors and was not required to grant preference ba
• Distrigas Corp. v. Fed. Power Comm'n
  495 F.2d 1057· D.C. Cir.· 1974-04-05 ·cited 18×
  The court held that the Federal Power Commission has jurisdiction under Section 3 of the Natural Gas Act to impose the equivalent of Section 7 certification requirements on imported natural gas facilities, even if previously disclaimed, but remanded the case for proper procedural
• Fleet Transp. Co. OF Fla. v. Mason
  188 So. 2d 294· Fla.· 1966-06-29 ·cited 18×
  Fleet Transport Company sought certiorari review of the Florida Public Service Commission's denial of its application to extend its motor carrier certificate to transport phosphate products in Hillsborough and Polk Counties. The Court found the Commission's order unsupported by c
• W. Air Lines, Inc. v. Civil Aeronautics Bd.
  196 F.2d 933· 9th Cir.· 1952-05-19 ·cited 18×
• ITT World Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  699 F.2d 1219· D.C. Cir.· 1983-02-01 ·cited 17×
  The court held that the district court erred in dismissing ITT's ultra vires claim for lack of standing and ripeness, and that subject matter jurisdiction was proper. It also modified the FOIA disclosure order, reversing it in part and affirming it in part.
• Univ. City Transfer Co. v. Fla. R.R. Comm'n
  124 Fla. 308· Fla.· 1936-05-18 ·cited 17×
  The Florida Supreme Court upheld the Railroad Commission's approval of a certificate transfer from Brown's Motor Freight Lines to Hi-Way Transports, Inc. for motor freight operations between Jacksonville and Gainesville. The court held that where substantial evidence supports the
• N. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  827 F.2d 779· D.C. Cir.· 1987-08-21 ·cited 16×
  The court held that the Federal Energy Regulatory Commission (FERC) exceeded its authority under section 7 of the Natural Gas Act by imposing a revenue-crediting condition on a certificate of public convenience and necessity. This condition, which required Northern Natural Gas to
• Ind. Sugars, Inc. v. Interstate Commerce Comm'n & United States
  694 F.2d 1098· 7th Cir.· 1982-12-10 ·cited 16×
  The Commission acted arbitrarily and capriciously by failing to adequately consider the shipper's need for rail service and by not precisely calculating the carrier's financial loss for the specific segment of track at issue.
• Midwestern Transp., Inc. v. Interstate Commerce Comm'n & United States
  635 F.2d 771· 10th Cir.· 1980-11-26 ·cited 16×
  The court held that the ICC's decision to grant Graves Truck Line a certificate for a direct route was supported by substantial evidence and consistent with the public convenience and necessity, despite Midwestern's arguments about procedural misapplication of route theories.
• Reynolds Metals Co. v. Fed. Power Comm'n
  534 F.2d 379· D.C. Cir.· 1976-04-23 ·cited 16×
  The court held that a substantial reduction in a natural gas company's transportation obligation constitutes an abandonment of service, requiring a certificate proceeding under section 7 of the Natural Gas Act, not merely a rate filing under section 4.
• Interstate Commerce Comm'n v. Me. Cent. R.R. Co.
  505 F.2d 590· 2d Cir.· 1974-10-22 ·cited 16×
  The court held that a railroad's prolonged embargo, despite having the resources to repair flood damage and resume service, constitutes an unlawful abandonment under the Interstate Commerce Act, and a district court has the authority to issue a mandatory injunction compelling rep
• Phillips Petroleum Co. v. Fed. Power Comm'n
  405 F.2d 6· 10th Cir.· 1969-01-02 ·cited 16×
  The court held that the Federal Power Commission did not err in using the Permian Basin area rate as the in-line rate for granting permanent certificates of public convenience and necessity under § 7(c) of the Natural Gas Act, as the producers failed to show special circumstances
• Gainesville Bonded Warehouse, Inc. v. Carter
  123 So. 2d 336· Fla.· 1960-09-28 ·cited 16×
  The Florida Supreme Court upheld the Railroad and Public Utilities Commission's authorization for Vann Transfer & Storage Co. to establish a new equipment domicile point in Gainesville, finding that the Commission had substantial competent evidence supporting public convenience a
• ACE Delivery Serv., Inc. v. Boyd
  111 So. 2d 448· Fla.· 1959-05-01 ·cited 16×
  Delivery service companies protesting the Florida Railroad and Public Utilities Commission's grant of a certificate to United Parcel Service sought review, arguing they should have been given an opportunity to handle a portion of Jordan Marsh's lighter shipments. The Florida Supr
• Gulf v. Ill. Cent. R.R. Co.
  225 F.2d 816· 5th Cir.· 1955-08-18 ·cited 16×
  The dissenting judge believes the carrier's obligation to pay rent and taxes was extinguished upon compliance with the Interstate Commerce Commission's abandonment order.
• Cent. Truck Lines, Inc. v. R.R. Comm'n of the State of Fla.
  146 Fla. 521· Fla.· 1941-04-01 ·cited 16×
  Central Truck Lines challenged the Railroad Commission's grant of certificates to a private contract carrier (Blowers) to haul packing house products on routes identical to those already served by existing common carriers. The Court held that while the Commission has authority to
• State v. Seaboard Air Line Ry. Co.
  92 Fla. 1139· Fla.· 1927-01-10 ·cited 15×
  The Florida Supreme Court upheld a Railroad Commission order requiring the Seaboard Air Line Railway Company to relocate and reconstruct its freight and passenger depot facilities at Dade City, Florida. The Court rejected the railroad's arguments that the order was arbitrary, unr
• Steere Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  703 F.2d 927· 5th Cir.· 1983-04-25 ·cited 14×
  The court held that the Interstate Commerce Commission's order granting Cactus Transport, Inc. a certificate of public convenience and necessity was neither arbitrary nor capricious and was based on substantial evidence.
• Deaton, Inc. v. Interstate Commerce Comm'n & the United States
  693 F.2d 128· 11th Cir.· 1982-12-06 ·cited 14×
  The court held that the Interstate Commerce Commission's grant of operating authority to Clark Brothers Transportation was supported by substantial evidence and was not arbitrary or capricious.
• C & H Transp. Co., Inc. v. Interstate Commerce Comm'n & United States
  589 F.2d 565· D.C. Cir.· 1978-10-10 ·cited 14×
  The court held that the Interstate Commerce Commission's broad authorization for gateway elimination and direct-route service was not supported by substantial evidence for all granted authorities.
• Crete Carrier Corp. v. United States & Interstate Commerce Comm'n
  577 F.2d 49· 8th Cir.· 1978-06-01 ·cited 14×
  The court held that the Interstate Commerce Commission did not err in denying an oral hearing and granting operating authority when factual disputes were either vague, not material, or adequately addressed by verified statements.
• Refrigerated Transp. Co., Inc. v. Interstate Commerce Comm'n & United States
  552 F.2d 1162· 5th Cir.· 1977-05-27 ·cited 14×
  The court held that the ICC reasonably interpreted its regulations by refusing to consider tacking authority within a gateway elimination proceeding and that the carrier failed to meet the evidentiary standards for gateway elimination.
• ACE Motor Freight, Inc. v. Interstate Commerce Comm'n & United States
  557 F.2d 859· D.C. Cir.· 1977-05-23 ·cited 14×
  The court held that the Interstate Commerce Commission's order denying Ace Motor Freight's application for authority from Columbiana and Frostburg was arbitrary and an abuse of discretion because it treated similarly situated applicants dissimilarly without a rational basis. The
• Pa. GAS & Water Co. v. Fed. Power Comm'n
  427 F.2d 568· D.C. Cir.· 1970-03-19 ·cited 14×
  The court held that the Federal Power Commission exceeded its authority under Section 7(c) of the Natural Gas Act by issuing a temporary certificate without a hearing, as the situation did not constitute a true emergency.
• Pub. Serv. Comm'n OF the State OF NEW York v. Fed. Power Comm'n
  373 F.2d 816· D.C. Cir.· 1967-02-07 ·cited 14×
  The court held that the FPC must consider the issue of public need before issuing permanent certificates for natural gas sales and that prices from temporary certificates should not be used to determine the in-line price.
• People OF the State OF Cal. & Pub. Utils. Comm'n of the State of Cal. v. Fed. Power Comm'n
  353 F.2d 16· 9th Cir.· 1965-11-09 ·cited 14×
  The court held that the Federal Power Commission did not abuse its discretion in granting an unconditioned certificate of public convenience and necessity, using a prior certificated price as a reference point, and that the petitioners had standing to appeal.
• The Atchison v. City OF Chicago
  240 F.2d 930· 7th Cir.· 1957-01-17 ·cited 14×
  A city ordinance that requires consent to prosecute a business, rather than merely regulating its operation, is an invalid obstruction of interstate commerce.
• Signal OIL & GAS Co. v. Fed. Power Comm'n
  238 F.2d 771· 3d Cir.· 1956-11-20 ·cited 14×
  The court held that the Federal Power Commission has the statutory authority under section 7(e) of the Natural Gas Act to condition a certificate of public convenience and necessity on a specific rate, provided it is reasonable and supported by evidence.
• United Air Lines, Inc. v. Civil Aeronautics Bd.
  198 F.2d 100· 7th Cir.· 1952-07-08 ·cited 14×
  The Civil Aeronautics Board has the statutory authority to temporarily suspend air carrier certificates of public convenience and necessity when required by public convenience and necessity, and such suspensions do not constitute a taking of property without due process.
• State Airlines, Inc. v. Civil Aeronautics Bd.
  174 F.2d 510· D.C. Cir.· 1949-04-06 ·cited 14×
  The court held that the Civil Aeronautics Board cannot award a certificate of public convenience and necessity to an airline for routes that the airline did not apply for, and that the Board's finding of fitness for such routes lacked evidentiary support.
• Tamiami Trail Tours, Inc. v. R.R. Comm'n of The State of Fla. & Coast to Coast Sys., Inc.
  120 Fla. 371· Fla.· 1935-07-05 ·cited 14×
  The Florida Supreme Court quashed a Railroad Commission order that authorized Coast to Coast System, Inc. to operate a new route between Kissimmee and Melbourne, holding that the order impermissibly granted a new certificate of public convenience and necessity without following s
• Okla. Natural GAS Co. v. Fed. Power Comm'n
  257 F.2d 634· D.C. Cir.· 1958-05-22 ·cited 13×
  The Commission must determine the justness and reasonableness of gas purchase prices in a certification proceeding under Section 7(e) of the Natural Gas Act, as it is a vital element of public convenience and necessity.
• Tejas Power Corp. v. Fed. Energy Regulatory Comm'n
  908 F.2d 998· D.C. Cir.· 1990-07-24 ·cited 12×
  The court held that the Federal Energy Regulatory Commission (FERC) failed to adequately justify its approval of Texas Eastern's gas inventory charge (GIC) by over-relying on customer agreement without sufficient analysis of market power, consumer impact, the exculpatory clause,
• ANR Pipeline Co. v. Fed. Energy Regulatory Comm'n
  876 F.2d 124· D.C. Cir.· 1989-05-23 ·cited 12×
  The court held that FERC's imposition of one-year term limits on individual natural gas transportation certificates was reasonable, and that FERC was not required to independently re-evaluate the public interest of gas importation already approved by the ERA.
• Ill. Commerce Comm'n & Patrick W. Simmons v. Interstate Commerce Comm'n & United States
  776 F.2d 355· D.C. Cir.· 1985-11-12 ·cited 12×
  The court held that the ICC's regulations treating labor costs and property taxes as avoidable for abandonment determinations, but not for subsidy calculations, were permissible, while vacating regulations that double-counted inflation in cost of capital calculations.
• Cross-Sound Ferry Servs., Inc. v. Interstate Commerce Comm'n & United States
  738 F.2d 481· D.C. Cir.· 1984-07-06 ·cited 12×
  The court held that the Interstate Commerce Commission's grant of water common carrier authority was arbitrary and capricious because the agency failed to ensure a reasoned decision-making process, lacking sufficient evidence and specificity regarding routes and ports.
• Am. Trucking Ass'ns, Inc. v. Interstate Commerce Comm'n & United States
  722 F.2d 1243· 5th Cir.· 1984-01-20 ·cited 12×
  The Interstate Commerce Act, as revised by the Motor Carrier Act of 1980 and the Staggers Rail Act of 1980, does not require the Interstate Commerce Commission to adhere to its longstanding policy of restricting rail-affiliated motor carriers to operations auxiliary to or supplem
• Refrigerated Transp. Co., Inc. v. Interstate Commerce Comm'n & The United States
  686 F.2d 881· 11th Cir.· 1982-09-20 ·cited 12×
  The court held that the Interstate Commerce Commission's grant of broad operating authority to Claxton Transport, Inc. was not supported by substantial evidence, as the applicant failed to establish a prima facie case of public need for the extensive territory requested.
• Am. Trucking Ass'ns, Inc. v. Interstate Commerce Comm'n & United States
  682 F.2d 487· 5th Cir.· 1982-07-29 ·cited 12×
  The court held that it should stay proceedings pending the Interstate Commerce Commission's (ICC) determination of the "special circumstances" doctrine's applicability to rail-affiliated motor carriers under the Motor Carrier Act of 1980, invoking the doctrine of primary jurisdic
• Containerfreight Transp. Co. & AAA Transfer, Inc. v. Interstate Commerce Comm'n & the United States
  651 F.2d 668· 9th Cir.· 1981-07-23 ·cited 12×
  The Commission's decision to grant Bass operating authority was supported by substantial evidence and should be affirmed.
• Sharron Motor Lines, Inc. v. United States & Interstate Commerce Comm'n
  633 F.2d 1115· 5th Cir.· 1981-01-05 ·cited 12×
  The court held that the ICC's denial of Sharron's application and its disparate treatment of Sharron compared to competitors was arbitrary and capricious, requiring reversal.
• ITT World Commc'ns Inc. v. The Fed. Commc'ns Comm'n & United States
  635 F.2d 32· 2d Cir.· 1980-08-25 ·cited 12×
  The court held that Western Union's new overseas service (WUITS) violates Section 222 of the Communications Act of 1934 because it constitutes prohibited "international telegraph operations" and fails to distribute traffic among designated international carriers.