National Wildlife Federation v. Interstate Commerce Commission

Opinion for the Court by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

These consolidated cases seek review of the Interstate Commerce Commission’s final rules implementing § 8(d) of the National Trails System Act, 16 U.S.C. § 1247(d) (Supp. IV 1986) (“Trails Act”), a statute that governs the conversion of abandoned railroad rights-of-way to nature trails. In the rules under review, the Interstate Commerce Commission interpreted § 8(d) to provide only for voluntary transfers of rights-of-way from railroads to trail operators and determined that such transfers would not result in a…