United States Eighth Circuit
Mayo Found. v. Surface Transp. Bd., 06-2031, 06-2032, 06-2047, 06-2048
In approving a proposal from the Dakota, Minnesota & Eastern Railroad Corporation to build approximately 240 miles of new rail line to reach the Powder River Basin and to upgrade more than 600 miles of rail line, the Surface Transportation Board did not violate 49 U.S.C. section 10901 or the National Environmental Policy Act (NEPA).
Appellate Information
- Decided 12/28/2006
- Published 12/28/2006
Judges
- ARNOLD, Circuit Judge., Before BYE, ARNOLD, and RILEY, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Keith G. O'Brien, argued, Rea & Cross, Washington, DC, for Petitioner, Mayo Foundation in No. 06-2031., Steven J. Kalish, argued, Washington, DC, for Petitioners City of Rochester in No. 06-2032., James B. Dougherty, argued, Washington, DC, for Petitioners Mid States Coalition and Sierra Club in No. 06-2047., Sanne Hjarno Knudsen, argued, Minneapolis, MN, for Petitioner Olmsted County.
- For Appellees:
- Michael Flynn McBride, argued, Leboeuf & Lamb, Washington, DC, for Intervenor-Respondents Edison Electric Institute, Nat. Rural Elec. Co-op Assoc., and Western Coal Traffic League., Brian James Donahoe, argued, Cutler & Donahoe, Sioux Falls, SD, for Intervenor-Respondents, Dakota, Minnesota & Eastern R.R. Corp., Evelyn G. Kitay, argued, Washington, DC, for Respondents Surface Transp. Bd.