Public Convenience And Necessity

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

• ITT World Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  595 F.2d 897· 2d Cir.· 1979-03-22 ·cited 12×
  The court held that the FCC's grant of perpetual certificates for specialized international record communications service was arbitrary and capricious due to serious doubts about implementation, and that the FCC's interpretation of Section 222 regarding the separation of domestic
• Pub. Serv. Comm'n OF the State OF NEW York v. Fed. Energy Regulatory Comm'n
  589 F.2d 542· D.C. Cir.· 1978-09-28 ·cited 12×
  The court should not re-examine policy decisions already settled by the Commission and approved by this court regarding the optional procedure for certifying natural gas sales.
• United AIR Lines, Inc. v. Civil Aeronautics Bd. [Holding Co. Reorganizations]
  569 F.2d 640· D.C. Cir.· 1977-11-28 ·cited 12×
  The court held that the Civil Aeronautics Board (CAB) had the authority to impose conditions on air carrier certificates to regulate intercorporate transactions with holding companies, even without express statutory power for each specific regulation. The court also found that th
• C. A. White Trucking Co. v. United States & Interstate Commerce Comm'n
  555 F.2d 1260· 5th Cir.· 1977-07-15 ·cited 12×
  The court held that the Interstate Commerce Commission's denial of gateway elimination applications was supported by substantial evidence and not arbitrary or capricious.
• P. C. White Truck Line, Inc. v. Interstate Commerce Comm'n & United States
  D.D.C.· 1977-03-01 ·cited 12×
  The court held that the Interstate Commerce Commission erred by failing to consider the potential benefits of increased competition when evaluating an application for a motor carrier certificate.
• Interstate Commerce Comm'n v. Chicago
  501 F.2d 908· 8th Cir.· 1974-07-24 ·cited 12×
  The court held that the doctrine of primary jurisdiction does not apply to an action seeking to enjoin an unauthorized railroad line abandonment under 49 U.S.C. § 1(20), and that the district court erred in dismissing the case on that basis.
• Coast Cities Coaches, Inc. v. The Fla. R.R. & Pub. Utils. Comm'n
  139 So. 2d 674· Fla.· 1962-04-04 ·cited 12×
  The Florida Supreme Court upheld the Railroad and Public Utilities Commission's grant of a certificate to Miami Transit Company to operate competing bus routes in territory already served by Coast Cities Coaches, finding substantial evidence supported the Commission's determinati
• Cap. Airlines, Inc. v. Civil Aeronautics Bd.
  281 F.2d 48· D.C. Cir.· 1960-07-11 ·cited 12×
  The Civil Aeronautics Board can order a certificated air carrier to provide additional flights even if the aggregate service by all carriers is adequate, if the carrier's own service is inadequate and was intended to provide competition.
• Lake Cent. Airlines, Inc. v. Civil Aeronautics Bd.
  239 F.2d 46· D.C. Cir.· 1956-11-08 ·cited 12×
  The court held that the Civil Aeronautics Board's findings supporting the selection of North Central Airlines for a temporary air route were supported by substantial evidence and that the Board did not abuse its discretion in refusing to reopen the record.
• Panhandle E. Pipe Line Co. v. Fed. Power Comm'n
  236 F.2d 289· 3d Cir.· 1956-07-25 ·cited 12×
  The court held that the Federal Power Commission's order denying Panhandle's application to reduce natural gas service was not arbitrary or capricious and was supported by substantial evidence.
• Charleston & W. Carolina Ry. Co. v. Fed. Power Comm'n
  234 F.2d 62· D.C. Cir.· 1956-05-17 ·cited 12×
  The court held that the Federal Power Commission's order authorizing the construction and operation of natural gas facilities was within its legal competence and not subject to reversal.
• Atl. Coast Line R.R. Co. v. State
  106 Fla. 278· Fla.· 1932-07-26 ·cited 12×
  The Florida Supreme Court held that while the State Railroad Commission may regulate intrastate passenger service on interstate trains and require notice of discontinuance, it cannot enjoin the discontinuance of an interstate train itself. The Court reversed the injunction restra
• Redwing Carriers, Inc. v. Mason
  177 So. 2d 465· Fla.· 1965-07-14 ·cited 11×
  RedWing Carriers sought review of a Florida Public Utilities Commission order denying its motion to dismiss a competing application by McKenzie Tank Lines for a certificate to transport phosphate products. The court held that a six-month prohibition on similar applications applie
• Tamiami Trail Tours, Inc. v. King
  143 So. 2d 313· Fla.· 1962-07-20 ·cited 11×
  The Florida Supreme Court upheld the Florida Railroad and Public Utilities Commission's order granting Southern Tours, Inc. authority to operate bus service over two additional routes between St. Petersburg and Pinellas Park, rejecting challenges from competing bus operators Tami
• Cent. Truck Lines, Inc. v. R.R. Comm'n of the State of Fla.
  158 Fla. 68· Fla.· 1946-10-25 ·cited 11×
  The court held that the Railroad Commission improperly granted through freight service without proper notice and hearing on public convenience and necessity.
• Pub. Serv. Comm'n OF W. Va. v. Economic Regulatory Administration
  777 F.2d 31· D.C. Cir.· 1985-11-22 ·cited 10×
  The Economic Regulatory Administration (ERA) has broad discretion to determine whether refunds are in the public interest, and its decision to deny refunds based on equitable considerations and substantial evidence is affirmed.
• Erickson Transp. Corp. v. Interstate Commerce Comm'n & United States
  728 F.2d 1057· 8th Cir.· 1984-02-27 ·cited 10×
  The court held that the ICC failed to make sufficient findings that Stewco, Inc. was fit, willing, and able to provide the service, and failed to provide sufficient findings to support its decision regarding transportation policy factors.
• Wilkett v. Interstate Commerce Comm'n & United States
  710 F.2d 861· D.C. Cir.· 1983-06-24 ·cited 10×
  The Commission erred in denying expanded motor carrier authority by improperly equating the company's fitness with the proprietor's criminal convictions and failing to apply its own established standards for evaluating fitness.
• Miss. Pub. Serv. Comm'n v. Interstate Commerce Comm'n & United States
  662 F.2d 314· 5th Cir.· 1981-11-09 ·cited 10×
  The court held that it lacks jurisdiction to review the Interstate Commerce Commission's decision not to suspend or investigate a branch line surcharge, and therefore dissolves the previously issued stay.
• Ariz. Elec. Power Coop., Inc. v. Fed. Energy Regulatory Comm'n
  631 F.2d 802· D.C. Cir.· 1980-05-22 ·cited 10×
  The court held that AEPCO's challenges to the certification of load equation agreements are moot due to the termination of the agreements and return of gas, and affirmed the Commission's decision to price restitution gas at 1978 rates.
• City OF NEW Haven v. Civil Aeronautics Bd.
  618 F.2d 955· 2d Cir.· 1980-03-03 ·cited 10×
  The court held that the Airline Deregulation Act permits air carriers to suspend service to a point upon giving 90 days' notice, provided that the suspension does not deprive the community of essential air transportation.
• Tri-State Motor Transit Co. v. United States & Interstate Commerce Comm'n
  570 F.2d 773· 8th Cir.· 1978-02-16 ·cited 10×
  The court affirmed the Interstate Commerce Commission's order granting operating authority to motor carriers for transporting nuclear materials, finding the decision supported by substantial evidence and not arbitrary or capricious.
• Saturn Airways, Inc. v. Civil Aeronautics Bd.
  483 F.2d 1284· D.C. Cir.· 1973-07-11 ·cited 10×
  The Civil Aeronautics Board acted within its statutory authority and was not arbitrary, unreasonable, or capricious in promulgating the Travel Group Charter (TGC) regulations.
• Blocker's Transfer & Storage Co. v. Jess Yarborough
  277 So. 2d 9· Fla.· 1973-04-04 ·cited 10×
  The Florida Supreme Court reviewed a Public Service Commission order granting J-W Moving and Storage a state-wide certificate to operate household goods moves. The Court held that the Commission violated statutory requirements by finding public necessity without evidence that exi
• DELTA Airlines, Inc. v. Civil Aeronautics Bd.
  442 F.2d 730· D.C. Cir.· 1970-12-04 ·cited 10×
  The court held that the Civil Aeronautics Board (CAB) failed to provide Delta Airlines with the procedural due process required for a comparative hearing when awarding new airline routes.
• Tamiami Trail Tours, Inc. v. Mayo
  234 So. 2d 4· Fla.· 1970-03-25 ·cited 10×
  When a new route not previously served becomes available, the Public Service Commission may grant duplicate authority to competing carriers without requiring the first applicant to establish a performance record, if public convenience and necessity justify multiple carriers. The
• Panhandle E. Pipe Line Co. v. Fed. Power Comm'n
  386 F.2d 607· 3d Cir.· 1967-11-29 ·cited 10×
  The court held that the Federal Power Commission did not err in its procedural rulings or its interim orders regarding Panhandle's pipeline expansion application.
• W. AIR Lines, Inc. v. Civil Aeronautics Bd.
  351 F.2d 778· D.C. Cir.· 1965-06-03 ·cited 10×
  The court held that the Board's termination of the domestic phase of air service proceedings without adequate findings or justification was arbitrary and contrary to law, requiring remand.
• Leonard Bros. Transfer & Storage Co., Inc. v. Boyd
  104 So. 2d 489· Fla.· 1958-02-12 ·cited 10×
  The Florida Supreme Court held that removal of domicile restrictions from a certificate of limited common carriage for heavy hauling must be supported by a showing of public convenience and necessity. The Commission violated statutory requirements by removing restrictions without
• Ralph B. Shank for Nelson Bunker Hunt Tr. Est. v. Fed. Power Comm'n
  236 F.2d 830· 5th Cir.· 1956-06-30 ·cited 10×
  The court held that the petition for review was premature because the Federal Power Commission's orders were interlocutory and not definitive, and the petitioner had not exhausted its administrative remedies.
• United GAS Pipe Line Co. v. Fed. Power Comm'n
  350 F.2d 689· 5th Cir.· 1965-09-08 ·cited 9×
  The court held that the FPC has the authority to compel a pipeline purchaser to continue taking gas deliveries at the unilaterally increased rates after the expiration of the underlying sales contract, until the FPC approves abandonment.
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n & United States
  914 F.2d 276· D.C. Cir.· 1990-09-14 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) reasonably interpreted and applied the relevant statutes in denying labor protection for employees of a non-applicant carrier and in treating a subsidiary's acquisition of rail lines as a transaction subject to discreti
• Burlington N. R.R. Co. v. Dep't OF Pub. Serv. Reg.
  763 F.2d 1106· 9th Cir.· 1985-06-21 ·cited 8×
  A state statute requiring railroads to maintain and staff freight offices in towns of a certain population is constitutional, even if it results in some economic inefficiency, as long as it is rationally related to a legitimate state interest like public convenience and necessity
• Hudson Transit Lines, Inc. v. United States
  765 F.2d 329· 2d Cir.· 1985-06-17 ·cited 8×
  The court held that the ICC's decisions to grant unrestricted bus operating authority were not arbitrary and capricious, as the agency properly applied the Bus Regulatory Reform Act of 1982's policy favoring competition and found protestant's claims of harm to be speculative.
• United States Satellite Broad. Co., Inc. v. Fed. Commc'ns Comm'n & United States
  740 F.2d 1177· D.C. Cir.· 1984-07-24 ·cited 8×
  The court held that the FCC's classification of USCI's direct-to-home video service as not 'broadcasting' was incorrect, and that the FCC's rulemaking to allow sharing of spectrum between fixed and broadcast satellite services was valid.
• Cartersville Elevator, Inc. v. Interstate Commerce Comm'n
  735 F.2d 1059· 8th Cir.· 1984-06-01 ·cited 8×
  The court's holding is implicitly that the ICC's use of opportunity cost analysis was appropriate, despite the dissent's arguments.
• Steere Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  724 F.2d 472· 5th Cir.· 1984-02-06 ·cited 8×
  The court affirmed the ICC's decisions, finding that while the ICC must consider the national transportation policy, it is not required to specifically analyze the cumulative market effect of new grants of authority when protestants fail to demonstrate substantial harm to the pub
• RTC Transp., Inc. v. The Interstate Commerce Comm'n & The United States
  708 F.2d 620· 11th Cir.· 1983-06-27 ·cited 8×
  The court affirmed the ICC's grant of operating authority, finding the applicant demonstrated sufficient fitness and public need, and that the ICC adequately considered protestants' interests and the National Transportation Policy.
• Refrigerated Transp. Co., Inc. v. The Interstate Commerce Comm'n & the United States
  707 F.2d 497· 11th Cir.· 1983-06-16 ·cited 8×
  The court held that the Interstate Commerce Commission did not err in granting Cornett Transportation Company authority to transport food and related products, as the Commission properly considered the applicant's fitness and the public need, and its decision was supported by sub
• C & H Transp. Co., Inc. v. Interstate Commerce Comm'n & United States
  704 F.2d 850· 5th Cir.· 1983-05-13 ·cited 8×
• City OF Wausau v. United States & Interstate Commerce Comm'n
  703 F.2d 1042· 7th Cir.· 1983-04-01 ·cited 8×
  The court held that the Interstate Commerce Commission's denial of a petition to reopen a railroad abandonment proceeding was not an abuse of discretion, as it was neither arbitrary nor capricious.
• Coastal Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  690 F.2d 537· 6th Cir.· 1982-09-08 ·cited 8×
  The court held that while the Commission's finding of public need was supported by substantial evidence, its finding of fitness, willingness, and ability was arbitrary and capricious due to a lack of reasoned explanation.
• Amador Stage Lines, Inc. v. The United States & Interstate Commerce Comm'n
  685 F.2d 333· 9th Cir.· 1982-08-26 ·cited 8×
  The court held that the Interstate Commerce Commission's approval of a certificate of public convenience and necessity was unsupported by substantial evidence and lacked necessary findings, constituting an abuse of discretion.
• Kenosha Auto Transp. Corp. & Boat Transit, Inc. v. United States & the Interstate Commerce Comm'n
  684 F.2d 1020· D.C. Cir.· 1982-08-06 ·cited 8×
  The court held that substantial evidence supported the ICC's certification of a new common carrier entrant, affirming the grant of nationwide authority under liberalized entry policies.
• P.A.K. Transp., Inc. v. United States
  613 F.2d 351· 1st Cir.· 1980-01-23 ·cited 8×
  The court held that the Interstate Commerce Commission abused its discretion by failing to consider all relevant evidence and properly apply legal standards when restricting P.A.K. Transport's operating authority.
• Niedert Motor Serv., Inc. v. United States & Interstate Commerce Comm'n
  583 F.2d 954· 7th Cir.· 1978-09-18 ·cited 8×
  The court held that the Interstate Commerce Commission committed errors of law by failing to consider the inherent advantages of the proposed service, the benefits of increased competition, and by improperly classifying terminal services as non-transportation in nature.
• The Youngstown Cartage Co. v. Interstate Commerce Comm'n & United States
  571 F.2d 1243· D.C. Cir.· 1978-02-23 ·cited 8×
  The court affirmed the ICC's denial of YCC's applications, finding the Commission acted reasonably in enforcing procedural requirements and applying appropriate standards for new operating authority.
• Widing Transp., Inc. v. Interstate Commerce Comm'n & United States
  545 F.2d 652· 9th Cir.· 1976-11-01 ·cited 8×
  The court held that the Interstate Commerce Commission's denial of motor carrier authority applications was not arbitrary, capricious, or unsupported by substantial evidence, as the applicants failed to provide clear evidence of their independent operations.
• Ross Express, Inc. v. United States & Interstate Commerce Comm'n
  529 F.2d 679· 1st Cir.· 1976-02-10 ·cited 8×
  The court held that the Interstate Commerce Commission's denial of Ross Express's application for a certificate of public convenience and necessity was supported by substantial evidence and proper application of its evidentiary guidelines.
• Va. Nat'l Bank v. Commonwealth OF Va. ex rel. State Corp. Comm'n
  448 F.2d 425· 4th Cir.· 1971-09-27 ·cited 8×
  The court held that the trial court's order restricting the presentation of evidence in a separate pending case was not an appealable order.