State of Idaho Idaho Public Utilities Commission (Ipuc), Union Pacific Railroad Company, Intervenor v. Interstate Commerce Commission, State of Idaho v. Interstate Commerce Commission

939 F.2d 784 STATE OF IDAHO; Idaho Public Utilities Commission (IPUC), Petitioners, Union Pacific Railroad Company, Intervenor, v. INTERSTATE COMMERCE COMMISSION, Respondent. STATE OF IDAHO, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION, Respondent. Nos. 90-70178, 90-70281. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1991. Decided July 24, 1991. As Amended Aug. 22, 1991. Marsha H. Smith, Deputy Atty. Gen., Idaho Public Utilities Com'n, Boise, Idaho, and Harold E. Spencer, Belnap, Spencer, McFarland, Emrich & Herman, Chicago, Ill., for petitioners. Charles Alan Stark, Interstate Commerce Com'n, Washington, D.C., for respondent. Joseph D. Anthofer, Omaha, Neb., for intervenor. Petition to Review a Decision of the Interstate Commerce Commission. Before BROWNING, CANBY and TROTT, Circuit Judges. CANBY, Circuit Judge: 1 The State of Idaho (Idaho) appeals the Interstate Commerce Commission's March 1990 decision authorizing Union Pacific Railroad (UP) to abandon thirty-one miles of track. Idaho claims that the Commission's voting procedures were invalid and that the Commission improperly reopened an earlier final decision. In addition, Idaho…