Case 57



Kansas v. Adams, 608 F.2d 861 (10th Cir. 1979), cert. denied sub nom. Spannaus v. Goldschmidt, 445 U.S. 963 (1980).

This suit sought to prevent the termination of passenger rail service on three routes. Plaintiffs alleged that the Secretary of Transportation failed to comply with the National Historic Preservation Act (NHPA), among other statutes, in preparing a report on the plan for curtailing passenger service on these routes. The court granted plaintiffs' motion for a temporary restraining order, discussing in some depth the factors that it considered in granting the restraining order. On September 29, 1979, the President signed into law the AMTRAK Reorganization Act. The court concluded that, by enacting this law, Congress had adopted and approved the Secretary's report, thus creating a "statutory route structure." 608 F.2d at 865-67. Without elaborating, the court found that there was no necessity for compliance with NHPA and dissolved the restraining order. Id. at 866.

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