ELR Citation: ELR 20304
No(s). 00-1387 (D.C. Cir. Oct 26, 2001)

The court holds that the Surface Transportation Board (Board) did not have to conduct an environmental analysis under the National Environmental Policy Act (NEPA) or the National Trails System Act (Trails Act) before issuing a certificate of interim trail use (CITU) for a rail line in Idaho under the Trails Act. The court first holds that because the Board lacks significant discretion on whether to issue a CITU, NEPA does not apply. The Board's actions are merely ministerial. Decisions made by the Board before issuing a CITU relate either to the statutory conditions for trail sponsorship or to decisions that Congress has determined shall be made by the railroad and trail sponsor in a voluntary agreement, if any. The court additionally holds that the Trails Act itself does not require a separate environmental analysis prior to issuance of a CITU.

Counsel for Petitioners
James R. Baarda
The Ackerson Group
1666 K St. NW, Ste. 1010, Washington DC 20006
(202) 833-8833

Counsel for Respondents
Evelyn G. Kitay
Surface Transportation Board
1925 K St. NW, Washington DC 20423
(202) 565-1674

Rogers, J. Before Henderson and Randolph, JJ