Free Motion to Supplement the Administrative Record - District Court of Federal Claims - federal

Case 1:07-cv-00271-RHH

Document 75

Filed 08/06/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) )

JACK LADD and MARIE LADD, et al., Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant.

No. 07-271 L Honorable Robert H. Hodges, Jr.

DEFENDANT'S MOTION TO SUPPLEMENT THE RECORD

On July 10, 2008, this Court held oral argument on the parties' cross-motions for summary judgment. Among the issues raised during the hearing was whether the July 26, 2006 Notice of Interim Trail Use ("NITU") issued by the Surface Transportation Board ("STB") is still in effect.1/ Because the attached letter by the STB Director speaks directly to that issue, Defendant respectfully seeks leave to supplement the record with the letter. August 6, 2008 Respectfully submitted, RONALD J. TENPAS Assistant Attorney General Environment and Natural Resources Division /s/ Rachel A. Dougan RACHEL A. DOUGAN JAMES D. GETTE Trial Attorneys

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The existing record already demonstrates that the July 26, 2006 NITU is no longer in effect. See Docket 56 Ex. A at 3 (NITU authorizing 180-day negotiation period ending January 22, 2007) & Ex. E at 3 (Decision extending NITU negotiating period until February 21, 2007 for a portion of the line). However, because the status of the NITU was raised during oral argument, Defendant believes that the attached letter addressing the issue, may be helpful to the Court.

Case 1:07-cv-00271-RHH

Document 75

Filed 08/06/2008

Page 2 of 2

Natural Resources Section Environment and Natural Resources Division United States Department of Justice Benjamin Franklin Station, P.O. Box 663 Washington, DC 20044-0663 Telephone: (202) 616-5082 Facsimile: (202) 305-0506 [email protected] Of Counsel: ELLEN D. HANSON, General Counsel EVELYN KITAY, Attorney Surface Transportation Board Office of General Counsel 395 E Street, SW Washington, DC 20024

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