5th Circ. Nixes ESA Appeal Of Railway Permit

Law360, New York (April 8, 2010, 7:04 PM EDT) -- A federal appeals court has denied an environmental organization's appeal of a U.S. Surface Transportation Board decision permitting Southwest Gulf Railroad Co. to construct and operate a 7-mile rail loop to service a proposed limestone quarry the group claims could jeopardize the continued existence of the endangered golden-cheeked warbler.

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit on Tuesday denied the Medina County Environmental Action Association's petition to review the STB's decision, ruling that the board and the U.S. Fish and...
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