Legal Opinion

Mid States Coalition for Progress v. Surface Transportation Board

Court of Appeals for the Eighth Circuit

Decided October 2, 2003No. 02-1359, 02-1481, 02-1482, 02-1767, 02-1785, 02-1792, 02-1794, 02-1804, 02-1863PublishedCited by 44 opinions

1Opinion of the Court

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Petitioners challenge the decision of the Surface Transportation Board issued January 30, 2002, giving final approval to the Dakota, Minnesota & Eastern Railroad Corporation’s (DM & E) proposal to construct approximately 280 miles of new rail line to reach the coal mines of Wyoming’s Powder River Basin (PRB) and to upgrade nearly 600 miles of existing rail line in Minnesota and South Dakota. They maintain that in giving its approval the Board violated 49 U.S.C. § 10901, the National Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321-4347), the National…

2Cases cited13 opinions

  1. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  2. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  3. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
  4. Kleppe v. Sierra ClubSupreme Court of the United States · 1976
  5. United States v. Sioux Nation of IndiansSupreme Court of the United States · 1980

8 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Northern Plains Resource Council, Inc. v. Surface Transportation BoardCourt of Appeals for the Ninth Circuit · 2011
  2. Sierra Club v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2016
  3. WildEarth Guardians v. United States Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2017
  4. Standing Rock Sioux Tribe v. United States Army Corps of EngineersDistrict Court, District of Columbia · 2017
  5. WildEarth Guardians v. ZinkeCourt of Appeals for the D.C. Circuit · 2019

39 more not listed; retrieve them via the Exa API.

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