Las Vegas Review-Journal

Oil rail approval struck down

Court: Environmen­tal impact statement rushed, violated law

- By Sam Metz

SALT LAKE CITY — A U.S. Appeals Court on Friday struck down a critical approval for a railroad project that would have allowed oil businesses in eastern Utah to significan­tly expand fossil fuel production and exports.

The ruling is the latest developmen­t in the fight over the proposed Uinta Basin Railway, an 88-mile railroad line that would connect oil and gas producers in rural Utah to the broader rail network, allowing them to access larger markets and ultimately sell to refineries near the Gulf of Mexico. The railroad would let producers ship an additional 350,000 barrels of crude daily.

The Washington, D.c.-based appeals court ruled that a 2021 environmen­tal impact statement and biological opinion from the federal Surface Transporta­tion Board were rushed and violated federal laws. It sided with environmen­tal groups and Colorado’s Eagle County, which had sued to challenge the approval.

The court said the board had engaged in only a “paltry discussion” of the environmen­tal impact the project could have on the communitie­s and species living along the line and the “downline” communitie­s living along railroads where oil trains would travel.

“The limited weighing of the other environmen­tal policies the board did undertake fails to demonstrat­e any serious grappling with the significan­t potential for environmen­tal harm stemming from the project,” the ruling stated.

Though the Uinta Basin Railway proposal still must win additional approvals and secure funding, proponents saw the 2021 environmen­tal impact statement as among the most critical approvals to date.

Environmen­talists, however, are concerned that constructi­ng new infrastruc­ture to transport more fossil fuels will allow more oil to be extracted and burned, contributi­ng to climate change.

Proponents — oil businesses, rural Utah officials and the Ute Indian Tribe of the Uintah & Ouray Reservatio­n — have argued that the railroad would boost struggling local economies and domestic energy production.

The court ruled that the Surface Transporta­tion Board’s decision to grant the project an exemption from the typical review process and claims that it could not examine its full environmen­tal impact violated the agency’s mandate.

“The Board’s protestati­ons at argument that it is just a ‘transporta­tion agency’ and therefore cannot allow the reasonably foreseeabl­e environmen­tal impacts of a proposed rail line to influence its ultimate determinat­ion ignore Congress’s command that it make expert and reasoned judgments,” it said.

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