These rules are designed to assure adequate consideration of environmental and energy factors in the Board's decisionmaking process pursuant to the National Environmental Policy Act, 42 U.S.C. 4332; the Energy Policy and Conservation Act, 42 U.S.C. 6362(b); and related laws, including the National Historic Preservation Act, 16 U.S.C. 470f, the Coastal Zone Management Act, 16 U.S.C. 1451, and the Endangered Species Act, 16 U.S.C. 1531.
Notes of Decisions
Soo Line R.R. v. City of Minneapolis, 38 F. Supp. 2d 1096 (D. Minnesota 1998).
“See 49 C.F.R. § 1105.1 ("These rules are designed to assure adequate consideration of environmental and energy factors in the Board's decisionmaking process pursuant to the National Environmental Policy Act .”
Flynn v. Burlington N. Santa Fe Corp.(BNSF), 98 F. Supp. 2d 1186 (E.D. Wash. 2000).
“See, 49 C.F.R. § 1105.1 . Accordingly, Plaintiffs cannot raise a claim under NEPA or the ICCTA so no federal question jurisdiction exists.”
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