Legal Opinion

Friends of the Atglen-Susquehanna Trail, Inc. v. Surface Transportation Board and United States of America

Court of Appeals for the Third Circuit

Decided May 31, 2001No. 99-5837PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

ROTH, Circuit Judge:

The Enola Branch is a 66.5 mile railroad line which was built in the early Twentieth Century and was known as one of the remarkable engineering feats of that time. Petitioner, Friends of the Atglen-Susqu-ehana Trail, Inc. (FAST), seeks judicial review of a final order of the Surface Transportation Board (STB) 1 permitting abandonment of the Enola Branch. FAST challenges the manner in which the STB carried out its responsibilities under § 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. § 470f. In particular, FAST objects to the manner in…

2Cases cited12 opinions

  1. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  2. Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
  3. Hayfield Northern Railroad v. Chicago & North Western Transportation Co.Supreme Court of the United States · 1984
  4. United States v. Seatrain Lines, Inc.Supreme Court of the United States · 1947
  5. Stop H-3 Association, and Hui Malama Aina O Ko'olau v. William T. Coleman, Jr., as Secretary of the United States Department of TransportationCourt of Appeals for the Ninth Circuit · 1976

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3Cited by30 opinions

  1. Friberg v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2001
  2. Hi Tech Trans, LLC David Stoller v. State of New Jersey, Department of Environmental Protection Wolfgang Skacel, C.H.M.M. Bradley M. Campbell.Court of Appeals for the Third Circuit · 2004
  3. Delaware Riverkeeper Network v. Secretary Pennsylvania Department of Environmental ProtectionCourt of Appeals for the Third Circuit · 2016
  4. Baros v. Texas Mexican Railway Co.Court of Appeals for the Fifth Circuit · 2005
  5. Valley Community Preservation Commission v. MinetaDistrict Court, District of Columbia · 2002

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