Washington State Department of Game v. Interstate Commerce Commission
Court of Appeals for the Ninth Circuit
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…
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