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Note: 

Administrative Law—Interstate Commerce Commission Failed to Show Rational Basis for General Finding that Carriers of Recyclable Waste Products Serve the Public Convenience and Necessity.  Chemical Leaman Tank Lines, Inc. v. United States, 368 F. Supp. 925 (D. Del. 1973), 53 TEXAS L. REV. 539 (1975). 

In Chemical Leaman, the Delaware Court found that the ICC failed to show a rational basis for its administrative decision.  Specifically, the ICC failed to assess the second and third criteria of the so-called “Pan-American standards” for a showing of public convenience and necessity under the Motor Carrier Act.  These standards would have involved a showing that presently certified carriers were unable to provide the necessary service, and that the newly promulgated rule would not endanger the operations of existing carriers.  In this note, the author argues that the court’s holding overstepped the limits of the “abuse of discretion” test or that this test is too indeterminate to be of any use.  The author concludes that forcing the ICC to provide a rational basis for administrative action concededly within its authority is inappropriate