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STATE OF IDAHO BY & THRU IDAHO PUB UTIL. v. I.C.C.

No. 93-1015.

35 F.3d 585 (1994)

STATE OF IDAHO, BY AND THROUGH IDAHO PUBLIC UTILITIES COMMISSION; Hecla Mining Co.; ASARCO, Inc.; Coeur d'Alene Mines Corp., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Union Pacific Railroad Co., Coeur d'Alene Tribe, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 4, 1994.

Attorney(s) appearing for the Case

Donald L. Howell II, Deputy Atty. Gen., Boise, ID, for the State of Idaho, with whom Thomas F. McFarland, Jr., Chicago, IL, Nathaniel K. Adams, Coeur d'Alene, ID, and Fred Gibler, Kellogg, ID, were on the briefs, for petitioners.

Evelyn G. Kitay, Atty., I.C.C. ("ICC"), with whom Henri F. Rush, Acting Gen. Counsel, ICC, Ellen D. Hanson, Sr. Associate Gen. Counsel, ICC, Anne K. Bingaman, Asst. Atty. Gen., John J. Powers III, Andrea Limmer, and John A. Bryson, Attys., U.S. Dept. of Justice, Washington, DC, were on the briefs, for respondents.

Raymond C. Givens, Coeur d'Alene, ID, argued the cause and filed the brief, for intervenor Coeur d'Alene Tribe.

Joseph D. Anthofer, Omaha, NE, was on the brief, for intervenor Union Pacific R. Co.

Before BUCKLEY, WILLIAMS, and GINSBURG, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The State of Idaho and three mining companies ("petitioners") mount environmental and economic challenges to an order of the Interstate Commerce Commission authorizing the abandonment of the Wallace Branch, a stretch of railroad track in northern Idaho. The order allows the Union Pacific Railroad Company to discontinue service on the Branch and to salvage the rails and other materials...

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