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CITIZENS AGAINST RAILS-TO-TRAILS v. S.T.B.

No. 00-1387.

267 F.3d 1144 (2001)

CITIZENS AGAINST RAILS-TO-TRAILS, an unincorporated association, et al., Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Union Pacific Railroad Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 2001.

Attorney(s) appearing for the Case

James R. Baarda argued the cause for petitioners. With him on the briefs was Nels J. Ackerson.

Evelyn G. Kitay, Attorney, Surface Transportation Board, argued the cause for respondents. With her on the brief were Ellen D. Hanson, Deputy General Counsel, and David J. Lazerwitz, Attorney, U.S. Department of Justice.

Curt A. Fransen, Deputy Attorney General, State of Idaho, and Howard A. Funke argued the cause for intervenors. With them on the joint brief were Richard A. Allen, Andrea Ferster, Allan G. Lance, Attorney General, State of Idaho, Clive J. Strong, Division Chief, J. Michael Hemmer, Carolyn F. Corwin, James V. Dolan and Lawrence E. Wzorek. Charles H. Montange entered an appearance.

Before: HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

A coalition of Idaho land owners denominated Citizens Against Rails-to-Trails ("CART") petition for review of the decision of the Surface Transportation Board in Union Pacific Railroad Company — Abandonment — Wallace Branch, ID, STB Docket No. AB-33 (June 26, 2000). In that decision the Board authorized Union Pacific to salvage 71.5 miles of its Wallace Branch...

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