DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

062031P.pdf   12/28/2006  Mayo Foundation  v.  STB
   U.S. Court of Appeals Case No:  06-2031
                          and No:  06-2032
                          and No:  06-2047
                          and No:  06-2048
   Surface Transportation Board   
   [PUBLISHED] [Arnold, Author, with Bye and Riley, Circuit Judges]
   Petition for Review - Surface Transportation Board. For the court's prior
   opinion in the case, See Mid States Coalition for Progress v. Surface
   Transp. Bd., 345 F.3d 520 (8th Cir. 2003). In approving a proposal from
   the Dakota, Minnesota & Eastern Railroad Corporation to build
   approximately 240 miles of new rail line to reach the Powder River Basin
   and to upgrade more than 600 miles of rail line, the Surface
   Transportation Board did not violate 49 U.S.C. Sec. 10901 or the
   National Environmental Policy Act.