ICC v. Oregon Pacific Industries, Inc.

PETITIONER: Interstate Commerce Commission
RESPONDENT: Oregon Pacific Industries, Inc., et al.
LOCATION: Interstate Commerce Commission, U.S. Congress

DOCKET NO.: 73-1210
DECIDED BY: Burger Court (1972-1975)
LOWER COURT:

CITATION: 420 US 184 (1975)
ARGUED: Nov 20, 1974
DECIDED: Feb 19, 1975

ADVOCATES:
Charles H. White, Jr. - for appellant
Seymour L. Coblens - for appellees

Facts of the case

The Interstate Commerce Commission (ICC) issued an order under their emergency powers limiting the time railroad cars could stay at a holding location. The order was issued without notice or a hearing. If a railroad shipper held a car for longer than that time, they would lose the privilege to reconsign the contents of the car and were subject to a tariff from the point of origin to the holding point and from the holding point to the ultimate destination. A three-judge district court held the ICC did not have the power to issue the order because it was not suspending any rule or regulation. This case was heard on direct appeal to the U.S. Supreme Court.

Question

Did the ICC have the power to issue an order limiting the holding time for rail cars and imposing a tariff without notice?

Media for ICC v. Oregon Pacific Industries, Inc.

Audio Transcription for Oral Argument - November 20, 1974 in ICC v. Oregon Pacific Industries, Inc.

Audio Transcription for Opinion Announcement - February 19, 1975 in ICC v. Oregon Pacific Industries, Inc.

Warren E. Burger:

In 73-1210, Interstate Commerce Commission against Oregon Pacific Industries, I have an opinion to announce on behalf of Mr. Justice Douglas.

And for reasons stated in the opinion written by Mr. Justice Douglas and filed today, the judgment of the United States District Court for the District of Oregon is reversed.

Mr. Justice Powell filed a concurring opinion.