United States DC Circuit

Nothing in the National Trails System Act, 16 USC 1247(d), suggests that Congress intended to require a second environmental assessment before abandoned railroad right of ways could be designated recreational hiking trails.

Appellate Information

• Decided 10/26/2001
• Published 10/26/2001

Judges

• Before:  HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James R. Baarda argued the cause for petitioners.   With him on the briefs was Nels J. Ackerson., Curt A. Fransen, Deputy Attorney General, State of Idaho, and Howard A. Funke argued the cause for intervenors.   With them on the joint brief were Richard A. Allen, Andrea Ferster, Allan G. Lance, Attorney General, State of Idaho, Clive J. Strong, Division Chief, J. Michael Hemmer, Carolyn F. Corwin, James V. Dolan and Lawrence E. Wzorek.   Charles H. Montange entered an appearance.


• For Appellees:
  
• Evelyn G. Kitay, Attorney, Surface Transportation Board, argued the cause for respondents.   With her on the brief were Ellen D. Hanson, Deputy General Counsel, and David J. Lazerwitz, Attorney, U.S. Department of Justice.