SALT LAKE CITY — The Utah counties backing the proposed Uinta Basin Railway have asked the state to help fund an appeal of recent court decisions to the U.S. Supreme Court, the Salt Lake Tribune reports.
The Seven County Infrastructure Coalition has asked for $750,000 from the state’s general fund, with Keith Heaton, the coalition’s executive director, telling an appropriations subcommittee this week, “This treads all over states’ rights and interstate commerce. … We think we have a very good case before the Supreme Court.”
The U.S. Court of Appeals for the District of Columbia Circuit blocked Surface Transportation Board approval of the project in August, saying the STB had not fully considered the environmental impacts [see “Federal court strikes down approval …,” Trains News Wire, Aug. 18, 2023]. The same court declined to rehear the case in December [see “Federal appeals court turns down request …,” News Wire, Dec. 4, 2023].
Heaton said the state money would “bridge the gap” from Community Impact Board funding, which is about to run out.
The Uinta Basin project sustained another blow in January, when the U.S. Forest Service withdrew its previous approval of a permit allowing construction of 12 miles of right-of-way through protected forest [see “Forest Service deals blow …,” News Wire, Jan. 19, 2024].
Back in the heyday of railway building the ratio of stock subscriptions sold and actual track built was something like 10:1. The odds of this being built are not in its favor even in the best of circumstances. So give them a green light and see how far they get…or don’t get.
Well with 1.9 billion set aside by Drexel Partners, the only thing keeping this from being built is bad rulings by activist, legislating judges. I hope they are successful. If the STB wanted to help out they could get Mayor Pete at the DOT off of his butt and back the needs of a depressed area that needs rail access, not only for export items but import freight as well. AND it would reduce pollution and remove thousands of trucks from the local highways!
“fully considered the environmental impacts”…on technicalities? on scope?
If it got bounced for not doing an assessment on the transport of bitumen through central Colorado, then it should get reversed in the SCOTUS.
If every shipper was on the hook to do a green impact analysis before they could move bulk materials by rail, the country would cease to function. I agree that this imposes too large a burden against the free and permitted use of interstate commerce.
The agency they filed suit against to overturn, would in fact be required to come up with the same rules if it holds up.
Unfortunately, since the STB is in DC, it went to the DC Circuit. I hope the SCOTUS decides to take it up because the circuit is legislating from the bench again.