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MEDINA COUNTY ENVIRON. ACTION v. SURFACE TRANSP.

No. 09-60108.

602 F.3d 687 (2010)

MEDINA COUNTY ENVIRONMENTAL ACTION ASSOCIATION, Petitioner, v. SURFACE TRANSPORTATION BOARD; United States of America; United States Fish and Wildlife Service, Respondents.

United States Court of Appeals, Fifth Circuit.

April 6, 2010.

Attorney(s) appearing for the Case

David Franklin Barton (argued), Gardner Law Firm, San Antonio, TX, for Petitioner.

Virginia Strasser (argued), Ellen Hanson, Surface Transp. Bd., Eric H. Holder, Jr., U.S. Dept. of Justice, Washington, DC, for Surface Transp. Bd. and U.S. Fish & Wildlife Serv.

Lane Madison McFadden (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for U.S. and U.S. Fish & Wildlife Serv.

David Hyler Coburn (argued), Steptoe & Johnson, L.L.P., Washington, DC, for Intervenor.

Before KING, BARKSDALE and ELROD, Circuit Judges.

KING, Circuit Judge:

The petitioner, the Medina County Environmental Action Association (MCEAA), seeks review of a Construction and Operation Exemption Decision (the Decision) entered by one of the respondents, the Surface Transportation Board (STB). The Decision granted an exemption under 49 U.S.C. § 10502 that allows the intervenor, Southwest Gulf Railroad Co. (SGR), to construct and operate a seven-mile rail line and rail loading loop to service a proposed...

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