Cooperation between the Interstate Commerce Commission and the state commissions in railroad regulation has been developed to increase the effectiveness of public control under our dual regulatory system. The division of power between federal and state governments, based upon the traditional distinction between interstate and intrastate commerce, has led to a multitude of diverse and conflicting statutes and administrative orders applicable to the same set of transportation agencies. In large measure the problem of dual control has been solved by giving to the federal government a virtually complete occupancy of the fields of rate, finance, and service regulation of interstate railways. This recognition of the predominance of the national interest in the transportation system has resulted in a large diminution of the powers formerly exercised by the individual states.
Martin L. Lindahl,
COOPERATION BETWEEN THE INTERSTATE COMMERCE COMMISSION AND THE STATE COMMISSIONS IN RAILROAD REGULATION,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol33/iss3/3