Legal Opinion

City of Auburn v. United States Government

Court of Appeals for the Ninth Circuit

Decided September 3, 1998No. Nos. 96-71051, 97-70022 and 97-70920PublishedCited by 91 opinions

1Opinion of the Court

LAY, Circuit Judge:

These appeals arise out of three separate but related decisions of the Surface Transportation Board (“STB”), concerning the reopening of the Stampede Pass railroad line in western Washington state. The City of Auburn 1 challenges the STB’s finding of federal preemption of state and local environmental review laws in approval of the reopening of the Stampede Pass line, and objects to the lack of a full Environmental Impact Statement (“EIS”). The Burlington Northern and Santa Fe Railway (“Burlington”) has intervened and filed briefs in all three cases.2

1. Factual and…

2Cases cited32 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  3. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  4. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  5. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983

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3Cited by91 opinions

  1. Friberg v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2001
  2. Emerson v. Kansas City Southern Railway Co.Court of Appeals for the Tenth Circuit · 2007
  3. Franks Investment Co. LLC v. Union Pacific RailroadCourt of Appeals for the Fifth Circuit · 2010
  4. Green Mountain Railroad Corporation v. State Of VermontCourt of Appeals for the Second Circuit · 2005
  5. Adrian & Blissfield Railroad v. Village of BlissfieldCourt of Appeals for the Sixth Circuit · 2008

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