Legal Opinion

Washington State Department of Game v. Interstate Commerce Commission

Court of Appeals for the Ninth Circuit

Decided October 6, 1987No. 86-7346PublishedCited by 23 opinions

1Opinion of the Court

POOLE, Circuit Judge:

This is a petition brought by the Washington State Department of Game for review of a final order and ruling of the Interstate Commerce Commission interpreting section 8(d) of the National Trails System Act, as amended, 16 U.S.C.A. § 1247(d) (1987), as conditioning so-called rail-to-trail conversions on the negotiation of voluntary agreements between abandoning railroads and prospective interim trail users. We have jurisdiction pursuant to 28 U.S.C. §§ 2321(a) and 2342(5) and we deny the petition.

FACTS AND PROCEEDINGS

In 1983 Congress amended section 8 of the National…

2Cases cited2 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Pathfinder Mines Corp. v. HodelCourt of Appeals for the Ninth Circuit · 1987

3Cited by23 opinions

  1. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  2. Northern Plains Resource Council, Inc. v. Surface Transportation BoardCourt of Appeals for the Ninth Circuit · 2011
  3. Westlands Water District v. Firebaugh CanalCourt of Appeals for the Ninth Circuit · 1993
  4. Lucretia M. ADAMS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1989
  5. Glosemeyer v. Missouri-Kansas-Texas R. Co.District Court, E.D. Missouri · 1988

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