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ALASKA SURVIVAL v. SURFACE TRANSP. BD.

No. 12-70218.

705 F.3d 1073 (2013)

ALASKA SURVIVAL; Sierra Club; Cook Inletkeeper, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, Alaska Railroad Corporation; Matanuska-Susitna Borough; State of Alaska, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2013.

Attorney(s) appearing for the Case

James B. Dougherty (argued), Washington, D.C.; Jessica Yarnall Loarie , Sierra Club, San Francisco, CA, for Petitioners.

Theodore L. Hunt (argued), Raymond A. Atkins , Evelyn G. Kitay , Surface Transportation Board, Washington, D.C.; Mary Gabrielle Sprague , Robert B. Nicholson , and John P. Fonte , Department of Justice, Washington D.C., for Respondents.

Jay C. Johnson (argued) and Kathryn Kusske Floyd , Dorsey & Whitney LLP, Washington D.C., for Respondents-Intervenors Alaska Railroad Corporation and Matanuska-Susitna Borough.

Michael C. Geraghty and Sean P. Lynch , State of Alaska, Department of Law, Juneau, AK, for Respondent-Intervenor the State of Alaska.

Before: RONALD M. GOULD and MILAN D. SMITH, JR., Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

OPINION

GOULD, Circuit Judge:

In this appeal we consider whether principles of administrative law and a controlling statute governing railroad extensions and applicable protections of environmental laws require us to grant a petition for review of a specialized agency's decision to permit the extension of a railroad line to Port MacKenzie, Alaska. Petitioners Alaska Survival, Sierra Club, and Cook Inletkeeper seek...

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