LEE'S SUMMIT, MO v. SURFACE TRANSPORTATION BOARD

No. 99-1435.

231 F.3d 39 (2000)

LEE'S SUMMIT, MISSOURI and Raytown, Missouri, Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Missouri Central Railroad Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 2000.


Attorney(s) appearing for the Case

Steven J. Kalish argued the cause and filed the briefs for petitioners.

Evelyn G. Kitay, Attorney, Surface Transportation Board, argued the cause for respondents. With her on the brief were Ellen D. Hanson, General Counsel, and M. Alice Thurston, Attorney, U.S. Department of Justice. Evelyn S. Ying, Attorney, entered an appearance.

Stuart F. Pierson and David C. Reeves were on the brief for intervenor.

Daniel A. LaKemper was on the joint brief of amici curiae Keokuk Junction Railway Co. and Arkansas-Oklahoma Railroad, Inc.

Before: GINSBURG, RANDOLPH, and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This is a joint petition for review of orders of the Surface Transportation Board authorizing the restoration of service over, and trackage rights to operate on, an existing but unused 278 mile railroad line in Missouri. Petitioners, the cities of Lee's Summit and Raytown, contend that the Board erred in deciding that its regulations required no environmental review under the National...

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