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NATIONAL WILDLIFE FEDERATION v. I.C.C.

Nos. 86-1317, 86-1389.

850 F.2d 694 (1988)

NATIONAL WILDLIFE FEDERATION, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Association of American Railroads, Intervenor. Victoria BERES, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1988.

Attorney(s) appearing for the Case

Charles H. Montange, Washington, D.C., was on the brief for petitioners National Wildlife Federation, et al. David Burwell, Washington, D.C., also entered an appearance for petitioner Rails to Trails Conservancy.

Daryl A. Deutsch, Bellevue, Wash., was on the brief for petitioner Victoria Beres.

Evelyn G. Kitay, Atty., I.C.C., with whom Catherine G. O'Sullivan, Donald S. Clark, Attys., Dept. of Justice, Robert S. Burk, General Counsel, and Ellen D. Hanson, Associate General Counsel, I.C.C., Washington, D.C., were on the joint brief, for respondents. Laura Heiser, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent U.S.

John B. Norton, Washington, D.C., was on the brief for intervenor Association of American Railroads.

Daniel William Wyckoff, Asst. Atty. Gen. for the State of Wash., Olympia, Wash., was on the brief for amici curiae States of Wash., La., and Fla.

Before EDWARDS, STARR and D.H. GINSBURG, Circuit Judges.

Opinion for the Court by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

These consolidated cases seek review of the Interstate Commerce Commission's final rules implementing § 8(d) of the National Trails System Act, 16 U.S.C. § 1247(d) (Supp. IV 1986) ("Trails Act"), a statute that governs the conversion of abandoned railroad rights-of-way to nature trails. In the rules under review, the Interstate Commerce Commission interpreted §...

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