John Marshall Harlan II

“ The order simply lists the commodities considered by the Commission and determines whether they are within the § 203 (b) (6) exemption; it nowhere commands that carriers hauling commodities considered non-exempt comply either with the order or with the general requirements of the Interstate Commerce Act. It is clear, therefore, that no administrative or criminal proceeding can be brought for violation of the order itself. And it is equally clear that the proceeding did not conclude any rights as between any specific carriers and the Commission. ”

“ United States, 316 U.S. 407, 62 S.Ct. 1194, 86 L.Ed. 1563, the very existence of the regulations had, without anything more, an immediate effect on the business of the party attacking them. There is much to be said for finding administrative action reviewable when it entails immediate practical consequences for those affected by it. ”