United States Eighth Circuit

In a petition for review of a Surface Transportation Board decision approving construction of new rail line, environmental analysis was both sufficient and deficient as to certain issues, and the decision failed to address reasonably foreseeable increase in coal consumption.

Appellate Information

• Decided 10/02/2003
• Published 10/02/2003

Judges

• MORRIS SHEPPARD ARNOLD, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, HEANEY, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of petitioner Sierra Club in 02-1792 and Minnesotans for an Energy Efficient Economy in 02-1767 was James B. Dougherty of Washington, D.C. Also appearing on the brief was Noah D. Hall of St. Paul, Minnesota., Counsel who presented argument on behalf of petitioner Olmsted County in 02-1794 was Elizabeth Hendricks Schmiesing of Minneapolis, Minnesota.   Also appearing on the brief was Raymond F. Schmitz, Richard A. Duncan, and Kristin R. Eads., Counsel who presented argument on behalf of petitioner Mayo Foundation in 02-1482 was Keith G. O'Brien of Washington, D.C., Counsel who presented argument on behalf of petitioner City of Rochester in 02-1481 was Steven J. Kalish of Washington, D.C. Also appearing on the brief was A.M. Keith.


• For Appellees:
  
• Counsel who presented argument on behalf of respondent Surface Transportation Board in all cases was Evelyn G. Kitay of Washington, D.C. Also appearing on the brief were Greer S. Goldman, M. Alice Thurston.