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ILLINOIS COMMERCE COM'N v. I.C.C.

Nos. 86-1687, 87-1015, 87-1278.

848 F.2d 1246 (1988)

ILLINOIS COMMERCE COMMISSION and Patrick W. Simmons, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Association of American Railroads, Rails to Trails Conservancy, and Iowa Trails Council, Intervenors. COMMISSIONER OF TRANSPORTATION OF the STATE OF NEW YORK, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. RAILS TO TRAILS CONSERVANCY, IOWA TRAILS COUNCIL, and Conservation Federation of Maryland, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 1988.

As Amended May 24, 1988.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., with whom James E. Weging, Sp. Asst. Atty. Gen., Chicago, Ill., were on the brief for petitioners Illinois Commerce Com'n and Patrick W. Simmons in No. 87-1687.

William J. Dwyer, Albany, N.Y., for petitioner Com'r of Transp. of the State of N.Y. in No. 87-1015.

Charles H. Montange, Washington, D.C., for petitioners Rail to Trails Conservancy, Iowa Trails Council, and Conservation Federation of Maryland in No. 87-1278.

Louis Mackall, Atty., ICC, with whom Robert S. Burke, General Counsel, Ellen D. Hanson, Associate Gen. Counsel, Anne S. Almy, Asst. Chief, Land and Natural Resources Div., Dept. of Justice, and J. Carol Williams, Atty., Dept. of Justice, Washington, D.C., were on the joint brief for Respondents the ICC and the U.S.

John T. Sullivan and J. Thomas Tidd, Washington, D.C., were on the brief for intervenor, Ass'n of American Railroads.

Before MIKVA, STARR and SILBERMAN, Circuit Judges.

Opinion for the Court PER CURIAM.

Opinion concurring in part and dissenting in part filed by Circuit Judge MIKVA.

PER CURIAM:

This case is before us a second time following a remand to the Interstate Commerce Commission. The controversy relates to the ICC's relaxation of regulatory strictures triggered by a railroad's proposed abandonment of rail lines that have fallen into a state of rail-traffic desuetude. In our prior consideration, we concluded...

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