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A federal appeals court in Washington D.C. has overturned the approval of the Uinta Basin Railway.
Pitkin County and the city of Glenwood Springs joined Eagle County in suing the federal Surface Transportation Board (STB), over the railway’s approval last year.
The lawsuit said the environmental analysis of the railway didn’t give adequate consideration to the risks of increased oil train traffic along the Colorado River, especially in places like Glenwood Canyon.
Judge Robert Wilkins agreed, writing in his opinion that there were “significant deficiencies” with the analysis, and multiple violations of the National Environmental Policy Act, or NEPA.
Wilson wrote that the STB failed to examine downline impacts of the railway, like the risks that potential derailment and oil spill would pose to communities and wildlife that rely on the Colorado River.
Another risk he wrote it failed to appropriately assess was increased wildfire risks to the region from the railway, “due to both an increased number of trains and highly flammable cargo.”
In addition, Wilson said there was a failure to “explain the lack of available information on local accident risk.”
With the approval vacated as “as arbitrary and capricious,” the project will go back to the STB to decide on next steps.
The project has also drawn significant scrutiny from Colorado’s congressional delegation, including Democratic Senator Michael Bennet and Democratic Representative Joe Neguse.
Both lawmakers have called on multiple agencies to take steps to slow the project, including the Environmental Protection Agency, the Department of Agriculture, and the Department of Transportation.
“This ruling is excellent news,” Bennet and Neguse wrote in a joint statement. “The approval process for the Uinta Basin Railway Project has been gravely insufficient, and did not properly account for the project's full risks to Colorado’s communities, water, and environment. A new review must account for all harmful effects of this project on our state, including potential oil spills along the Colorado River and increased wildfire risk. An oil train derailment in the headwaters of the Colorado River would be catastrophic — not only to Colorado, but the 40 million Americans who rely on it.
“We’re grateful for the leadership of Eagle County and the many organizations and local officials around Colorado who made their voices heard.”
