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

Nos. 85-1071, 85-1072.

850 F.2d 729 (1988)

NEW MEXICO NAVAJO RANCHERS ASSOCIATION, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Star Lake Railroad Company, et al., Intervenors. NAVAJO TRIBE OF INDIANS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Star Lake Railroad Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1988.

Attorney(s) appearing for the Case

Paul E. Frye, Albuquerque, N.M., for petitioners New Mexico Navajo Ranchers Ass'n, et al.

Judith Bartnoff, with whom Jean V. MacHarg, John L. Oberdorfer, Washington, D.C., and Donna C. Bradley, Window Rock, Ariz., were on the brief, for petitioner Navajo Tribe of Indians.

Cecelia E. Higgins, Atty., I.C.C., with whom Robert S. Burk, General Counsel, I.C.C., Henri F. Rush, Deputy General Counsel, I.C.C., John J. Powers, III and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

R. Eden Martin, Lawrence A. Miller, Ronald S. Flagg, Washington, D.C., Milton E. Nelson, Jr. and Richard E. Weicher, Chicago, Ill., were on the brief for intervenors Star Lake R. Co., et al.

Before EDWARDS, SILBERMAN and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

Concurring opinion filed by Circuit Judge EDWARDS.

WILLIAMS, Circuit Judge:

For over a decade, members of the Navajo Tribe have attempted to block the construction of a railroad in the coal-rich San Juan Basin of northwestern New Mexico. The fight stems from concern that the railroad — and the coal extraction that it would make possible — would adversely affect the religious practices...

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