Pacific Towboat & Salvage Co. v. Interstate Commerce Commission and United States of America

This petition to set aside an action of the Interstate Commerce Commission presents a question of the justiciability of a review of an action by the Commission which contained no affirmative order, no sanction, did not change the status of any party, and had no binding effect on anyone.

The Commission action was denominated “Decision and Order, No. W-C-29 Pacific Towboat and Salvage Company — Investigation of Operations.” It concludes with the following language:

As stated by the administrative law judge in his report which was adopted by the Commission:

The Acts which are under investigation were not in dispute. As found by the administrative trial judge, they may be stated as follows:

The administrative law judge concluded that the subject transportation was performed by PTS as a contract carrier by water in interstate commerce between California points and Tacoma for compensation and was therefore subject to the Interstate Commerce Act. The ALJ also noted that “the subject transportation has long ceased and respondent has no intention of reviving this operation now or in the future, but an abundance of caution dictates that there is the ever possibility of the operation’s…