Case regarding proposed Utah railway for crude oil transportation makes it to Supreme Court
A dispute over a proposed 88-mile railway in Utah that would haul in crude oil has made it to the U.S. Supreme Court, which heard arguments in the case Tuesday.
The proposed railway that would traverse the Uinta Basin in northeastern Utah has been challenged by multiple environmental groups and the issue could challenge the scope of the National Environmental Policy Act, a landmark environmental law.
According to Boise State Public Radio, the case "could have much broader implications by shaking up how government agencies evaluate the environmental effects of proposed projects."
A D.C. Circuit Court had originally agreed to throw out the approval of the railway, citing a lack of data regarding how it could harm the environment.
What's going on?
A coalition including Utah’s Seven County Infrastructure Coalition and a Utah railway company have appealed the lower court's decision and are asking SCOTUS to overturn it in order to allow railway construction to begin.
CommonDreams.org noted:
The railway’s backers are asking the court to narrow what environmental impacts federal agencies must review and disclose to the public. That would mean federal agencies could ignore — and hide from the public — damage to clean air, water and wildlife habitats that destructive projects could cause.
Attorney Paul Clement for the pro-railway coalition that wants the decision tossed out explained why he believes the federal law should not be applied to this particular project.
"When you lose sight of the project itself, and you start thinking about, ‘Okay, well, you know this is going to lead to this, and it's going to lead to this, and might lead to this," Clement explained to high court justices on Tuesday.
He added, "Then it takes you way outside the lane of this agency, and you make them consider things that are just not their job at all."
Lawyers for environmental groups argue that if the Supreme Court rules in favor of the railway companies, NEPA, which was passed in 1970, could be significantly weakened.
Environmental groups fight back
Several environmental group leaders, including Wendy Park, a senior attorney at the Center for Biological Diversity, argued against having the decision overturned, citing the high potential for environmental harm along the railway's proposed path.
"Analyzing the Uinta Basin Railway's impacts without considering the air pollution and habitat destruction from pumping billions of additional gallons of oil a year is like diving headfirst into a pool without knowing how deep it is," Park said.
She added, "This is a disgraceful attempt to get federal agencies to ignore the many harms the railway will cause to the air and public health of Uinta Basin and Gulf Coast communities. A robust review of all the train’s threats is what the law requires, and it's crucial for protecting people near and far from this railway."
Only time will tell how the conservative majority high court will rule on the matter.