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BIRT v. SURFACE TRANSP. BD.

No. 95-1211.

90 F.3d 580 (1996)

Melinda BIRT, Petitioner, v. SURFACE TRANSPORTATION BOARD, et al., Respondents, Union Pacific Railroad Company and City of Nampa, Idaho, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1996.

Attorney(s) appearing for the Case

Nels J. Ackerson, Washington, DC, argued the cause and filed the briefs for petitioner.

Evelyn G. Kitay, Attorney, Surface Transportation Board, Washington, DC, argued the cause for respondents, with whom Henri F. Rush, General Counsel, Ellen D. Hanson, Deputy General Counsel and Jeffrey P. Kehne, Attorney, United States Department of Justice, were on the brief for respondents. J. Carol Williams entered an appearance.

Joseph D. Anthofer, Omaha, NE, Eric S. Rossman and William A. Morrow, Nampa, ID, were on the brief for intervenors.

Charles H. Montange and Andrea C. Ferster, Washington, DC, were on the brief for amicus curiae.

Before: EDWARDS, Chief Judge, WALD and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by Circuit Judge SENTELLE.

WALD, Circuit Judge:

Petitioner Melinda Birt owns a parcel of land in Canyon County, Idaho, across which intervenor Union Pacific Railroad Company ("UP") held a right-of-way for its railroad tracks.1 In April of 1993, UP sought to abandon a 16-mile segment of the line running through...

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