On Dec. 15, 2021, the U.S. Surface Transportation Board (STB) noted in a press release, that they granted authority to the Seven County Infrastructure Coalition to construct and operate a new, approximately 88-mile line of railroad in Utah. According to the Coalition, the Uinta Basin Railway would provide shippers in the Basin with a viable alternative to trucking, which is currently the only available transportation option.

In their decision, STB said they "granted final approval for a construction and operation exemption for the Whitmore Park Alternative, subject to final environmental mitigation measures recommended by the board's Office of Environmental Analysis (OEA) in its Final Environmental Impact Statement (EIS), with minor changes."

Eagle County, Colorado, and several environment groups including the Center for Biological Diversity, appealed STB's decision to the United States Court of Appeals for the District of Columbia Circuit. In August 2023, the D.C. Circuit vacated STB's decision. On Dec. 10, 2024, the U.S. Supreme Court heard arguments from Utah's Seven County Infrastructure Coalition asking to have the Aug. 23, 2023, federal appeals court decision overturned. Environmental groups, public health advocates and communities along the proposed route argued that the lower court's decision should stand. Read the press release here: https://biologicaldiversity.org/….

On May 29, 2025, the STB in a press release noted that the "U.S. Supreme Court by of vote of 8-0, reversed the D.C. Circuit's decision, finding that the D.C. Circuit 'incorrectly interpreted (the National Environmental Policy Act (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. The Supreme Court also found that the D.C. Circuit 'did not afford the board the substantial judicial deference required in NEPA cases.'"

In the press release, STB listed key statements in the Supreme Court decision including:

-- NEPA has, in recent years, grown into a statute "that has hindered infrastructure development under the guise of just a little more process," and a course correction is appropriate.

-- STB complied with NEPA and was not required to consider upstream and downstream effects of the Uinta Basin rail construction and operation project that are separate in time or place from the project itself. The Court held that "the NEPA question is not close," and STB's conclusion was "absolutely correct."

-- "No rule of reason worthy of that title would require an agency to prepare an (Environmental Impact Statement)" addressing effects from another project that is separate in time or place from the project at hand -- particularly when it would require the agency to speculate about the effects of a separate project that is outside its regulatory jurisdiction.

-- In determining the scope of its environmental review, an agency may "draw what it reasonably concludes is a 'manageable line' -- one that encompasses the effects of the project at hand, but not the effects of projects separate in time or place."

-- Because an agency's authority to conduct environmental review is granted by statute -- NEPA -- judicial review is limited to the Administrative Procedure Act's "arbitrary and capricious" standard, and courts should defer to agency choices "so long as they fall within a broad zone of reasonableness."

"Over the years, some have sought to abuse NEPA by unlawfully turning a procedural tool into an ideological weapon," said STB Chairman Patrick Fuchs. "Today'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."

OPPOSITION CONTINUES FOR NEW RAIL LINE

In response to the Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, Sen. Michael Bennet (D-Colo.) and Rep. Joe Neguse (D-Colo.) released the following statement on Bennet's website:

"We are deeply disappointed by today's Supreme Court decision that strikes a blow to efforts to block the dangerous Uinta Railway project, which threatens Colorado's communities, watersheds, and forests. The risks of wildfire and train derailment at the headwaters of the Colorado River are simply unacceptable. We stand by Eagle County as they continue this fight in the D.C. Circuit."

Bennet and Neguse have consistently raised concerns about the proposed Uinta Basin Railway and its risks to Colorado's communities, water, land, air and climate. In October 2024, Bennet and Neguse joined Colorado leaders to support Eagle County's position before the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado.

In January 2024, Bennet and Neguse applauded the U.S. Forest Service's withdrawal of their Record of Decision that would have authorized the issuance of a special use permit for the Uinta Basin Railway.

In August 2023, the lawmakers welcomed the D.C. Circuit Court's decision to overrule STB approval of the project, vacating their environmental review and ordered a new review. Leading up to these decisions, Bennet and Neguse led several letters to federal agencies urging additional environmental review of the risks to Colorado from the proposed project -- including to the Council on Environmental Quality in July 2022, U.S. Department of Agriculture, U.S. Department of Transportation and the Environmental Protection Agency in March 2023. Here is their statement with links to the letters discussed: https://www.bennet.senate.gov/….

According to the Salt Lake Tribune on May 29, 2025, "Even with the high court's decision, the Uinta Basin Railway will still require additional permitting and reviews before it can be built, including from the Surface Transportation Board, Bureau of Indian Affairs and Forest Service."

Link to the Uinta Basin Railway website: https://uintabasinrailway.com/…

Link to STB Federal Register Notice on Dec. 21, 2021:

https://www.federalregister.gov/…

Mary Kennedy can be reached at mary.kennedy@dtn.com

Follow her on social platform X @MaryCKenn

Mary Kennedy can be reached at mary.kennedy@dtn.com

Follow her on social platform X @MaryCKenn

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