CITY OF AUBURN, a municipal corporation of the state of Washington, Petitioner,
v.
The UNITED STATES GOVERNMENT and The Surface Transportation Board, an agency of the United States Government; King County, a Washington municipal corporation; Burlington Northern Santa Fe Corporation, a Delaware corporation; Burlington Northern Railroad Company, a Delaware corporation, et al., Respondents.
CITY OF AUBURN, a municipal corporation of the state of Washington; City of Yakima, a municipal corporation of the state of Washington; City of Kent, a municipal corporation of the state of Washington, Petitioners,
v.
U.S. GOVERNMENT; The Surface Transportation Board, an agency of the United States Government, Respondents,
Burlington Northern Santa Fe Corporation, Burlington Northern Santa Fe Acquisition, Inc. ("BNSF Acquisition") and the Burlington Northern and Santa Fe Railway Company ("BN/Santa Fe"), Respondents-Intervenors.
CITY OF AUBURN, a municipal corporation of the state of Washington, Petitioner,
v.
U.S. GOVERNMENT; The Surface Transportation Board, an agency of the United States Government, Respondents,
and
Burlington Northern and Santa Fe Railway Company, Intervenors/Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 3, 1998.
Decided September 3, 1998.
As Amended October 20, 1998.
Attorney(s) appearing for the Case
Peter J. Eglick, Helsell Fetterman, Seattle, Washington; Rodney L. Brown, Jr., Marten & Brown, Seattle, Washington; Raymond L. Paolella, Yakima City Attorney's Office, Yakima, Washington, for petitioners.
Evelyn G. Kitay, Surface Transportation Board, Department of Transportation, Washington, D.C.; Kathryn A. Kusske and Erika Z. Jones, Mayer, Brown & Platt, Washington, D.C.; Paul J. Lawrence and Marc C. Levy, Preston, Gates & Ellis, Seattle, Washington, for the respondents.
Christine O. Gregoire, Matthew A. Love, Neil L. Wise, Office of the Attorney General, Olympia, Washington, for the State of Washington as amicus curiae.
Jeffrey R. Moreland, Richard E. Weicher, Michael E. Roper, Sarah J. Whitley, Burlington Northern Santa Fe Corporation, Ft. Worth, Texas; and Erika Z. Jones, Roy T. Englert, Jr., Kathryn A. Kusske, Peter C. Choharis, Mayer, Brown & Platt, Washington, D.C., for Burlington Northern Santa Fe Corporation, BNSF Acquisition Corporation, and the Burlington Northern and Santa Fe Railway Company, as intervenors.
Before: LAY, GOODWIN and PREGERSON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
LAY, Circuit Judge:
These appeals arise out of three separate but related decisions of the Surface Transportation Board ("STB"), concerning the reopening of the Stampede Pass railroad line in western Washington state. The City of Auburn1 challenges the STB's finding of federal preemption of state and local environmental review laws in approval of the reopening of the Stampede Pass line, and objects to the lack of a full Environmental Impact...
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