Port of Whitman County, Washington v. Interstate Commerce Commission, the Washington Utilities and Transportation Commission v. Interstate Commerce Commission

944 F.2d 909 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PORT OF WHITMAN COUNTY, WASHINGTON, Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent. The WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent. Nos. 90-70694, 91-70015. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 12, 1991. Decided Sept. 18, 1991. Before EUGENE A. WRIGHT, FARRIS and TROTT, Circuit Judges. 1 MEMORANDUM * 2 In January 1990, Union Pacific Railroad filed an abandonment application with the ICC. Several organizations opposed the application. After a three-day hearing, an administrative law judge (ALJ) approved the railroad's application. The ICC affirmed unanimously. Petitioners appeal. 3 This court's review of an abandonment decision is "very narrow." Idaho v. ICC, Nos. 90-70178/70281, slip op. 11545, 11555 (9th Cir. Aug. 22, 1991). We do not reweigh the evidence underlying the Commission's decision.…