EAGLE COUNTY, COLORADO v. SURFACE TRANSP. BOARD

No. 22-1019. Consolidated with 22-1020.

82 F.4th 1152 (2023)

EAGLE COUNTY, COLORADO, Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Seven County Infrastructure Coalition and Uinta Basin Railway, LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 18, 2023.


Attorney(s) appearing for the Case

Nathaniel H. Hunt argued the cause and filed the briefs for petitioner Eagle County, Colorado. Nicholas Clabbers entered an appearance.

Wendy Park argued the cause for petitioners Center for Biological Diversity, et al. With her on the briefs was Edward B. Zukoski . William J. Snape entered an appearance.

Matthew R. Arnold and William S. Eubanks II were on the brief for amici curiae City of Glenwood Springs, et al. in support of petitioners.

Barbara A. Miller , Attorney, Surface Transportation Board, argued the cause for respondent. With her on the brief were Craig M. Keats , General Counsel, and Theodore L. Hunt , Associate General Counsel.

Justin D. Heminger , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Todd Kim , Assistant Attorney General, and Andrew M. Bernie , Attorney.

Jay C. Johnson argued the cause for intervenor-respondents Seven County Infrastructure Coalition, et al. With him on the brief was Kathryn Kusske Floyd . Margaret K. Fawal entered an appearance.

Melissa A. Holyoak , Solicitor General, Office of the Attorney General for the State of Utah, was on the brief for amicus curiae State of Utah in support of respondents.

Before: Millett, Pillard and Wilkins, Circuit Judges.


These consolidated petitions concern an order of the Surface Transportation Board ("Board" or "STB") authorizing the construction and operation of a new rail line in the Uinta Basin in Utah ("Railway"). The Board exercised its authority to exempt the Railway from the Board's more...

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