United States Ninth Circuit

Petition for review challenging the Surface Transportation Board's decision to grant an exemption and authorize Alaska Railroad Corporation to construct a railroad line extension is denied, where: 1) petitioners were not procedurally barred from raising their challenge to the exemption under 49 USC section 10502 of the Interstate Commerce Commission Termination Act; 2) the procedures of the Board under the ICCTA were sufficient and were satisfied; and 3) there was no error under the National Environmental Policy Act.

Appellate Information

• Decided 01/23/2013
• Published 01/23/2013

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel