Trains.com

How did the STB and the ICC and other Federal Alphabet agencies (FAA,FCC,NLRB,ect) end up with court like powers to rule on there own rules?

1308 views
7 replies
1 rating 2 rating 3 rating 4 rating 5 rating
  • Member since
    March 2022
  • 93 posts
How did the STB and the ICC and other Federal Alphabet agencies (FAA,FCC,NLRB,ect) end up with court like powers to rule on there own rules?
Posted by roundstick3@gmail.com on Saturday, April 2, 2022 12:49 AM

Does the seperation of powers doctrine as basic constitutional law and theory no longer apply here? Is there any independent reveiw. Why is the Amtrak vs CSX Gulf case not in Federal Court and before the STB?

  • Member since
    March 2016
  • From: Burbank IL (near Clearing)
  • 13,540 posts
Posted by CSSHEGEWISCH on Tuesday, April 5, 2022 10:14 AM

The various independent regulatory bodies and their enforcement procedures are created by statute.  Decisions made by these bodies are not judicial decisions.

The daily commute is part of everyday life but I get two rides a day out of it. Paul
  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Tuesday, April 5, 2022 10:17 AM

roundstick3@gmail.com
Does the seperation of powers doctrine as basic constitutional law and theory no longer apply here? Is there any independent reveiw. Why is the Amtrak vs CSX Gulf case not in Federal Court and before the STB?

Reasearch the enabling legislation for each of those bodies.

Never too old to have a happy childhood!

              

  • Member since
    September 2017
  • 5,636 posts
Posted by charlie hebdo on Tuesday, April 5, 2022 2:48 PM

roundstick3@gmail.com

Does the seperation of powers doctrine as basic constitutional law and theory no longer apply here? Is there any independent reveiw. Why is the Amtrak vs CSX Gulf case not in Federal Court and before the STB?

 

Once again, I refer you to the commerce clause in Article one of our Constitution. It is the basis for regulations of businesses, including railroads, engaged in interstate commerce.

  • Member since
    May 2005
  • From: S.E. South Dakota
  • 13,569 posts
Posted by Murphy Siding on Tuesday, April 5, 2022 4:21 PM

Definately from Cleveland. Sigh

Thanks to Chris / CopCarSS for my avatar.

  • Member since
    September 2011
  • 6,449 posts
Posted by MidlandMike on Tuesday, April 5, 2022 6:49 PM

Agencies like the STB practice administrative law.  They are not a court.  Their decisions are still subject to judicial review, although because of seperation of powers, the courts do not like to second guess the other branches.

  • Member since
    December 2001
  • From: Denver / La Junta
  • 10,820 posts
Posted by mudchicken on Wednesday, April 6, 2022 2:44 AM

MM: Somebody needs to understand the Administrative Law Judge's independent nature. Courts frequently defer to STB or PUC/RR Commissioners when cases are initiated. The field is supposed to be level and the ALJ's are expected to be on their own side, independent of either side of a complaint. (look up ombudsman while you're at it.)

Where things get questionable are instances where overnment agencies get merged in the name of downsizing for budgetary reasons and streamlining government. With road crossing issues, I'm not too enthused with what was a railroad PUC commission now being under the auspices of that state's Department of Transportation (rubber-tired bubbas)...Mississippi for instance, is downright scary.

Mudchicken Nothing is worth taking the risk of losing a life over. Come home tonight in the same condition that you left home this morning in. Safety begins with ME.... cinscocom-west
  • Member since
    September 2011
  • 6,449 posts
Posted by MidlandMike on Wednesday, April 6, 2022 7:26 PM

My experience with Administrative Law Judges is with state oil & gas administrative hearings, where the ALJ runs the hearing, but decisions are usually signed by the agency head.  Of course that may be different at the Federal level.  I don't find an ALJ under STB's Offices (do they borrow them from DOT?) but I did find on the STB site under their Office of General Council: "When STB decisions are challenged – typically in a United States court of appeals – the STB has independent litigating authority. "

Join our Community!

Our community is FREE to join. To participate you must either login or register for an account.

Search the Community

Newsletter Sign-Up

By signing up you may also receive occasional reader surveys and special offers from Trains magazine.Please view our privacy policy