1 total
Regulatory challenge failed because no evidence rebutted presumed administrative regularity.
In an appeal concerning transportation regulation, the appellant sought to invalidate amending rail interswitching regulations on the basis that the regulator followed improper governmental direction in the rule-making process.
The appellant accepted that the regulator had statutory authority and that a presumption of proper administrative action applied.
The Court held that no evidentiary foundation was provided to rebut that presumption.
The appeal was dismissed with costs to the federal respondent.
