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WASHINGTON STATE DEPT. OF GAME v. I.C.C.

No. 86-7346.

829 F.2d 877 (1987)

WASHINGTON STATE DEPARTMENT OF GAME, Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1987.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Atty. Gen., Daniel William Wycoff, and David M. Horn, Asst. Attys. Gen., Olympia, Washington, for petitioner.

Charles F. Rule, Acting Asst. Atty. Gen., Catherine G. O'Sullivan and Donald S. Clark, Dept. of Justice, Robert S. Burk, General Counsel, Ellen D. Hanson, Associate General Counsel, Evelyn G. Kitay, I.C.C., Washington, D.C., for respondent.

John B. Norton, Washington, D.C., for intervenor Association of American Railroads.

Before POOLE, FERGUSON and CANBY, Circuit Judges.

POOLE, Circuit Judge:

This is a petition brought by the Washington State Department of Game for review of a final order and ruling of the Interstate Commerce Commission interpreting section 8(d) of the National Trails System Act, as amended, 16 U.S.C.A. § 1247(d) (1987), as conditioning so-called rail-to-trail conversions on the negotiation of voluntary agreements between abandoning railroads and prospective interim...

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