NEW MEXICO NAVAJO RANCHERS ASS'N v. I.C.C.

No. 81-1534.

702 F.2d 227 (1983)

NEW MEXICO NAVAJO RANCHERS ASSOCIATION, Martin Martinez, and Pueblo Pintado Chapter, Petitioners, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, Star Lake Railroad Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 1, 1983.


Attorney(s) appearing for the Case

Paul E. Frye, Crownpoint, N.M., with whom Eric D. Eberhard, Placitas, N.M., was on the brief for petitioners, New Mexico Navajo Ranchers Ass'n, et al. and intervenors Torreon Chapter, et al. Dan Press, Window Rock, Ariz., also entered an appearance for petitioners.

John J. McCarthy, Jr., Atty., I.C.C., Washington, D.C., for respondents. John Broadley, General Counsel, Henri F. Rush, Associate General Counsel, Cecelia E. Higgins, Atty., I.C.C., John J. Powers, III and Kenneth P. Kolson, Attorneys, Dept. of Justice, Washington, D.C., were on the brief for respondents. Daniel B. Harrell, Richard A. Allen and Ellen K. Schall, Attys., I.C.C. and James H. Laskey, Attorney, Dept. of Justice, Washington, D.C., also entered appearances for respondents.

R. Eden Martin, Washington, D.C., with whom Lawrence A. Miller and Ronald S. Flagg, Washington, D.C., were on the brief for intervenors, Star Lake Railroad Company, et al. Ann L. Rieck, Washington, D.C., also entered an appearance for intervenors.

Before EDWARDS and BORK, Circuit Judges, LUMBARD, Senior Circuit Judge.


Opinion PER CURIAM.

PER CURIAM:

Petitioners here challenge the Interstate Commerce Commission's grant to Star Lake Railroad Company ("Star Lake") and to The Atchison, Topeka and Santa Fe Railway Company ("Santa Fe") of authority to construct and operate a rail line in the coal-rich San Juan Basin of northwestern New Mexico, a region whose coal resources cannot currently be tapped because there is no way to move the coal to markets. Nearly all of petitioners...

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