ELLAMAE PHILLIPS CO. v. U.S.

Attorney(s) appearing for the Case

George M. Allen, of Telluride, CO, argued for plaintiff-appellee.

Katherine J. Barton, Attorney, Environment & Natural Resources Division, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Ronald J. Tenpas, Assistant Attorney General, and Kathryn E. Kovacs, Attorney. Of counsel on the brief was William Shapiro, Attorney, of Sacramento, CA.

Richard A. Allen, Zuckert, Scoutt & Rasenberger, L.L.P., of Washington, DC, for amicus curiae Rails-to-Trails Conservancy. Of counsel on the brief was Andrea Ferster, General Counsel, Rails-to-Trails Conservancy, of Washington, DC.

Cecilia Fex, Ackerson Kauffman Fex, PC, of Washington, DC, for amici curiae Gerlene Hash, et al.

Before MAYER, LOURIE, and SCHALL, Circuit Judges.