MAYO FOUNDATION, Petitioner,
v.
SURFACE TRANSPORTATION BOARD; United States of America, Respondents,
Edison Electric Institute; Western Coal Traffic League; National Rural Electric Cooperative Association; City of Highmore, SD; City of Huron, SD; City of Wolsey, SD; City of Philip, SD; City of Desmet, SD; City of Miller, SD; City of Wall, SD; City of Midland, SD; City of Pierre; City of Ree Heights, SD; Greater Huron Development Corporation; Wall Economic Development Committee; On Hand Development Corporation; South Dakota Chamber of Commerce & Industry; Farmers Union COOP Elevator Highmore, SD; Farmers Union COOP Elevator Kennebec, SD; South Dakota Soybean Processors; Urethane Soy Systems Company; OAHE Grain Corporation; South Dakota Association of Cooperatives; South Dakota Farmers Union; South Dakota Grain and Feed Association; South Dakota Wheat Incorporated; Yale Farmers COOP; South Dakota Corn Growers Association; South Dakota Farm Bureau; South Dakota Wheatgrowers Association; North Central Farmers Elevator; Dakota AG COOP; Lake Preston Cooperative Elevator; Dakotaland Feeds LLC; AGFirst Farmers COOP; City of Springfield, MN; City of Balaton, MN; City of Lewiston, MN; City of Stockton, MN; City of Cobden, MN; City of Dover, MN; City of Sanborn, MN; City of Tracy, MN; City of Lake Benton, MN; Minnesota Soybean Processors; Minnesota Grain & Feed Association; Midwest Shippers Association; Minnesota Agri-Growth Council; Winona County; Winona River and Rail, Inc.; Southern Grainbelt Shippers Association; Farmers COOP Hanska, MN; Harvest Land Cooperative; Minnesota Farmers Union; Minnesota Farm Bureau Federation; City of Eyota, MN, Intervenors on Appeal.
City of Rochester, Petitioner,
v.
Surface Transportation Board; United States of America, Respondents,
Edison Electric Institute; Western Coal Traffic League; National Rural Electric Cooperative Association; Edison Electric Institute; Western Coal Traffic League; National Rural Electric Cooperative Association; City of Highmore, SD; City of Huron, SD; City of Wolsey, SD; City of Philip, SD; City of Desmet, SD; City of Miller, SD; City of Wall, SD; City of Midland, SD; City of Pierre, SD; City of Ree Heights, SD; Greater Huron Development Corporation; Wall Economic Development Committee; On Hand Development Corporation; South Dakota Chamber of Commerce & Industry; Farmers Union COOP Elevator Highmore, SD; Farmers Union COOP Elevator Kennebec, SD; South Dakota Soybean Processors; Urethane Soy Systems Company; OAHE Grain Corporation; South Dakota Association of Cooperatives; South Dakota Farmers Union; South Dakota Grain and Feed Association; South Dakota Wheat Incorporated; Yale Farmers COOP; South Dakota Corn Growers Association; South Dakota Farm Bureau; South Dakota Wheatgrowers Association; North Central Farmers Elevator; Dakota AG COOP; Lake Preston Cooperative Elevator; Dakotaland Feeds LLC; AGFirst Farmers COOP; City of Springfield, MN; City of Balaton, MN; City of Lewiston, MN; City of Stockton; City of Cobden, MN; City of Dover; City of Sanborn; City of Tracy; City of Lake Benton; Minnesota Soybean Processors; Minnesota Grain & Feed Association; Midwest Shippers Association; Minnesota Agri-Growth Council; Winona County Farm Bureau; Winona River and Rail, Inc.; Southern Grainbelt Shippers Association; Farmers COOP Hanska, MN; Harvest Land Cooperative; Minnesota Farmers Union; MN Farm Bureau; City of Eyota, MN, Intervenors on Appeal.
Sierra Club; Mid States Coalition for Progress, Petitioners,
v.
Surface Transportation Board; United States of America, Respondents.
Olmsted County, Petitioner,
v.
Surface Transportation Board; United States of America, Respondents.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: November 13, 2006.
Filed: December 28, 2006.
Attorney(s) appearing for the Case
Keith G. O'Brien, argued, Rea & Cross, Washington, DC, for Petitioner, Mayo Foundation in No. 06-2031.
Steven J. Kalish, argued, Washington, DC, for Petitioners City of Rochester in No. 06-2032.
James B. Dougherty, argued, Washington, DC, for Petitioners Mid States Coalition and Sierra Club in No. 06-2047.
Sanne Hjarno Knudsen, argued, Minneapolis, MN, for Petitioner Olmsted County.
Michael Flynn McBride, argued, Leboeuf & Lamb, Washington, DC, for Intervenor-Respondents Edison Electric Institute, Nat. Rural Elec. Co-op Assoc., and Western Coal Traffic League.
Brian James Donahoe, argued, Cutler & Donahoe, Sioux Falls, SD, for Intervenor-Respondents, Dakota, Minnesota & Eastern R.R. Corp.
Evelyn G. Kitay, argued, Washington, DC, for Respondents Surface Transp. Bd.
Before BYE, ARNOLD, and RILEY, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
ARNOLD, Circuit Judge.
The petitioners challenge the decision of the Surface Transportation Board, which, after considering the issues that we remanded to it in Mid States Coalition for Progress v. Surface Transp. Bd.,345 F.3d 520 (8th Cir.2003), and certain other issues, again approved a proposal of the Dakota, Minnesota & Eastern Railroad Corporation (DM & E) to construct approximately 280 miles of new rail line...
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