Cite as: 503 U. S. 407 (1992)
White, J., dissenting
definition of "required" debuted in the Commission's briefs before this Court. It is nothing more than a creation of appellate counsel, concocted to fill the gaps in the Commission's analysis. "The short—and sufficient—answer to [this] submission is that the courts may not accept appellate counsel's post hoc rationalizations for agency action. . . . It is well established that an agency's action must be upheld, if at all, on the basis articulated by the agency itself." Motor Vehicle Mfrs. Assn., supra, at 50 (emphasis added), citing Burlington Truck Lines, Inc. v. United States, 371 U. S. 156, 168 (1962); SEC v. Chenery Corp., 332 U. S. 194, 196-197 (1947); American Textile Mfrs. Institute, Inc. v. Donovan, 452 U. S. 490, 539 (1981). Therefore, the majority is simply wrong in asserting that, even though "the ICC did not in so many words articulate its interpretation of the word 'required,' " the Court may nevertheless defer to the Commission's decision. See ante, at 420 (emphasis added).
Because of the gap in the ICC's interpretation of the statute, "[t]here are no findings and no analysis here to justify the choice made, no indication of the basis on which the Commission exercised its expert discretion." Burlington Truck Lines, Inc., supra, at 167. The majority concludes, again based on the agency's presumed interpretation of the statute, that the Commission was not obligated to make specific findings as to whether the property was " 'required for intercity rail passenger service.' " See ante, at 420. This magnifies the ICC's mistake; an administrative "agency must make findings that support its decision, and those findings must be supported by substantial evidence." Burlington Truck Lines, Inc., 371 U. S., at 168.
Deferring to a federal agency's construction of the legislation that it is charged with administering is one thing. But deferring to inferences derived from reading between the lines of an agency decision or excerpted from the brief of
carrier obligations and Amtrak's needs can be met with alternative property." Joint Brief for Respondents in No. 88-1631 (CADC), pp. 15-16.
427
Page: Index Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: October 4, 2007