Supreme Court rules in favor of STB decision to OK Uinta Basin Railway

The U.S. Supreme Court yesterday ruled in an 8-0 decision that the Surface Transportation Board environmental review of the proposed Uinta Basin Railway was proper, clearing the way for construction of the 88-mile rail line.

The court's decision overturned a lower court that ruled the STB didn't properly follow the National Environmental Policy Act (NEPA) when it authorized the rail line's construction and operation in northeastern Utah to support crude-oil shipments through western Colorado and on to the Gulf Coast.

After the STB issued its decision in December 2021, Eagle County, Colorado, and several groups including the Center for Biological Diversity appealed to the U.S. Court of Appeals for the District of Columbia Circuit. In August 2023, the D.C. Circuit vacated the board’s decision.

The Supreme Court's decision yesterday reigns in the scope of environmental reviews that are unnecessarily hindering and potentially preventing infrastructure construction throughout the country, STB officials said in a press release.

The higher court determined that D.C. Circuit “incorrectly interpreted NEPA to require the board to consider the environmental effects of upstream and downstream projects that are separate in time or place from” the project, STB officials said. 

The Supreme Court also found that the D.C. Circuit “did not afford the board the substantial judicial deference required in NEPA cases," they added.

“Over the years, some have sought to abuse NEPA by unlawfully turning a procedural tool into an ideological weapon,” said STB Chairman Patrick Fuchs. “[The Supreme Court's] decision is a victory for common sense, economic growth and meaningful environmental review. I strongly supported the board’s approval decision and subsequent legal defense, and I am pleased the Supreme Court has upheld the diligent work of the agency for the benefit of the public.”

The court's decision confirms the years of work and collaboration that have gone into the planning for the new railway, said Keith Heaton, director of the Seven County Infrastructure Coalition, the project’s public partner.

"It represents a turning point for rural Utah — bringing safer, sustainable, more efficient transportation options, and opening new doors for investment and economic stability," said Heaton in a press release. "We look forward to continuing our work with all stakeholders to deliver this transformative project."

He added that with the court's ruling, the project will resume key next steps, including working with the STB to reissue construction and operation authority and complete the Endangered Species Act process; and engaging with the U.S. Bureau of of Indian Affairs and U.S. Forest Service to issue and reinstate right-of-way permits vital to the railway’s alignment. 

The Supreme Court's decision lays the groundwork for an "environmental catastrophe," said U.S. Rep. Diana DeGette (D-Colo.), who opposes the rail line's construction.

"As the harsh impacts of the climate crisis increase the vulnerability of the Colorado River, the risk of an oil spill along this train route is unacceptable," she said in a prepared statement. "Increasing fracking levels and transporting them across the country would not only harm the communities through which the train travels, including those in Denver, but it would further devastate the communities surrounding the facilities where this oil would burn."