CONNECTICUT TRUST FOR HISTORIC PRESERVATION, Appalachian Mountain Club, Sleeping Giant State Park Association, Connecticut Forest and Park Association, Rails to Trails Conservancy, and Protect, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
Atlantic Development Group, City of New Haven, Connecticut, National Trust for Historic Preservation, Boston & Maine Corp., Town of Cheshire, Connecticut, Town of Hamden, Connecticut, Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued January 28, 1988.
Decided March 9, 1988.
Attorney(s) appearing for the Case
David A. Reif, New Haven, Conn., for intervenor Town of Hamden.
Charles H. Montange, Washington, D.C., for petitioners.
Evelyn G. Kitay, Interstate Commerce Com'n, Washington, D.C. (Robert S. Burk, General Counsel, Ellen D. Hanson, Associate General Counsel, Anne S. Almy, Asst. Chief, Appellate Section, Land & Natural Resources Div., Interstate Commerce Com'n, Washington, D.C., J. Carol Williams, Dept. of Justice, Washington, D.C., of counsel), for respondents.
Philip X. Murray, Boston, Mass., for intervenors Boston and Maine Corp. and Springfield Terminal Co.
Neil T. Proto, Stamford, Conn. (Martin S. Echter, Deputy Corp. Counsel, New Haven, Conn., Kelley Drye & Warren, Stamford, Conn., of counsel), for intervenor City of New Haven.
Cheever Tyler, Wiggin & Dana, New Haven, Conn., Donald G. Avery, Slover & Loftus, Washington, D.C., on the brief, for intervenor Atlantic Development Group.
David A. Doheny, Elizabeth S. Merritt, Paul W. Edmondson, Nat. Trust for Historic Preservation, Washington, D.C., Michael B. Gerrard, Judith M. LaBelle, David A. Hansell, Berle, Kass & Case, New York City, on the brief, for amicus curiae Nat. Trust for Historic Preservation.
Before VAN GRAAFEILAND, MESKILL and MAHONEY, Circuit Judges.
United States Court of Appeals, Second Circuit.
MESKILL, Circuit Judge:
This is a petition for review of a decision of Respondent Interstate Commerce Commission (ICC) granting permission for Intervenor Boston & Maine Corp. (B & M) to abandon approximately fourteen miles of the Farmington Canal branch rail line from its origin in New Haven, Connecticut to a point in Cheshire, Connecticut (Cheshire). Petitioner Connecticut Trust for Historic Preservation (Connecticut Trust) argues that the ICC failed to perform...
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