BNSF RAILWAY COMPANY, Plaintiff-Appellee,
v.
CLARK COUNTY, WASHINGTON; Mitch Nickolds, in his official capacity as Director of Community Development of Clark County; Kevin A. Pridemore, in his official capacity as Code Enforcement Coordinator of Clark County; Richard Daviau, in his official capacity as County Planner of Clark County, Defendants,
Columbia River Gorge Commission, Intervenor-Defendant, and
Friends of the Columbia Gorge, Inc., Intervenor-Defendant-Appellant.
BNSF Railway Company, Plaintiff-Appellee,
v.
Clark County, Washington; Mitch Nickolds, in his official capacity as Director of Community Development of Clark County; Kevin A. Pridemore, in his official capacity as Code Enforcement Coordinator of Clark County; Richard Daviau, in his official capacity as County Planner of Clark County, Defendants,
Friends of the Columbia Gorge, Inc., Intervenor-Defendant, and
Columbia River Gorge Commission, Intervenor-Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 4, 2021 Seattle, Washington.
Filed August 24, 2021.
Attorney(s) appearing for the Case
David Alan Bricklin (argued), Bricklin & Newman LLP, Seattle, Washington; Gary K. Kahn , Reeves Kahn Hennessey & Elkins, Portland, Oregon; Nathan J. Baker and Steven D. McCoy , Friends of the Columbia Gorge, Portland, Oregon; for Intervenor-Defendant Friends of the Columbia Gorge Inc.
Jeffrey B. Litwak (argued), Columbia River Gorge Commission, White Salmon, Washington, for Intervenor-Defendant-Appellant Columbia River Gorge Commission.
Marcus Shirzad , Yakama Nation Office of Legal Counsel, Toppenish, Washington, for Amici Curiae Confederate Tribes and Bands of the Yakama Nation, Confederated Tribes of Warm Springs, and Confederate Tribes of the Umatilla Indian Reservation.
Before: Johnnie B. Rawlinson and Jay S. Bybee, Circuit Judges, and Morrison C. England, Jr., District Judge.
OPINION
BYBEE, Circuit Judge.
The question in this case is whether the Interstate Commerce Commission Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (1995) (ICCTA) preempts Clark County's permitting process as applied to railroad construction in the Columbia River Gorge. For the reasons that follow, we conclude that it does...
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