Legal Opinion
Nebraska Trails Council v. Surface Transportation Board
Court of Appeals for the Eighth Circuit
Decided July 31, 1997No. 96-3656PublishedCited by 1 opinion
1Opinion of the Court
BOWMAN, Circuit Judge.
Petitioners, which are several nongovernmental organizations interested in fostering recreational trails, seek review of a decision of the Surface Transportation Board (STB) establishing a $150 fee on requests to use or acquire proposed-to-be-abandoned railroad rights-of-way for interim recreational trail use and rail banking. 1 This Court has jurisdiction to review a final order of the STB pursuant to 28 U.S.C. §§ 2321(a), 2342(5) (Supp. 1 1995). Because we find that this fee is not arbitrary, capricious, an abuse of discretion, or otherwise contrary to law, the…
2Cases cited13 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
- Batterton v. FrancisSupreme Court of the United States · 1977
- National Cable Television Assn., Inc. v. United StatesSupreme Court of the United States · 1974
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3Cited by1 opinion
- Nebraska Trails Council v. Surface Transportation BoardCourt of Appeals for the Eighth Circuit · 1997