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NARPO v. STB

No. 97-1516.

158 F.3d 135 (1998)

NATIONAL ASSOCIATION OF REVERSIONARY PROPERTY OWNERS, Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, Association of American Railroads and Rails to Trails Conservancy, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 22, 1998.

Attorney(s) appearing for the Case

Cynthia L. Amara argued the cause and filed the briefs for petitioner.

Evelyn G. Kitay, Attorney, Surface Transportation Board, argued the cause for respondents. With her on the brief were Henri F. Rush, General Counsel, and Martin W. Matzen, Attorney, United States Department of Justice.

Louis P. Warchot and Kenneth P. Kolson were on the brief for intervenor Association of American Railroads.

Andrea Ferster and Charles H. Montange were on the brief for intervenor Rails to Trails Conservancy.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

WALD, Circuit Judge:

In 1996, the Surface Transportation Board ("STB" or "Board") issued a Notice of Proposed Rulemaking addressing the process by which railroad corridors are formally abandoned and may be opened to subsequent use as trails. The National Association of Reversionary Property Owners ("NARPO") submitted comments asking the STB to require that individual notice be provided abutting landowners of trail conversion proposals. The STB declined to provide...

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