Black v. ICC

In Black v. ICC, 814 F.2d 769, 772 (D.C.Cir.1987) (per curiam), the court reversed the ICC's decision denying labor protection under 49 U.S.C. 10903(b)(2), where a rerouting that eliminated an operation and the need for its crew preceded by three days the railroad's petition for abandonment of that operation. The ICC had found no nexus between the two actions, reasoning instead that the rerouting was the sole source of any 316 U.S.App.D.C. 118 impact on the employees. 814 F.2d at 771. The court concluded that the ICC had erred because "the rerouting and the abandonment were not actions independent of each other; rather, they were for all practical purposes made simultaneously and were interdependent." Id. at 772.