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The US Supreme Court rules in favor of the Utah Railway, which was challenged by environmentalists

The U.S. Supreme Court on Thursday upheld a Utah railroad project that was intended to transport crude oils, ruling against environmentalists and a Colorado County who had challenged the federal approval.

The 8-0 decision overturned a lower courts' decision which had stopped the project. It had also faulted a Surface Transportation Board environmental impact report issued by the federal agency in approval of the railway for being too limited in scope.

A coalition of seven Utah Counties and an Infrastructure Investment Group are seeking to build an 88-mile-long (142-km-long) railway line to connect the sparsely-populated Uinta basin region to an existing rail freight network, which would be used to transport waxy crude oils.

The case examined the scope of the environmental impact studies required by federal agencies under the National Environmental Policy Act enacted in the United States in 1970. This law was enacted to prevent any environmental harm that could result from large projects. The law requires that agencies evaluate the "reasonably predictable" effects of any project.

The Supreme Court heard arguments in this case on December 10. Companies and environmental groups have been watching closely to see how the ruling could affect a broader range of energy and infrastructure projects.

Companies and business groups say that environmental reviews with a broad scope can delay the regulatory process by years, putting at risk the viability of a project and future infrastructure developments.

Surface Transportation Board (which has regulatory authority for new railroad lines) issued an environmental impact report and approved the rail proposal in 2021.

The Center for Biological Diversity, along with other environmental groups, sued the state of Colorado over the approval. Eagle County also filed a lawsuit, citing that the project would double the traffic on a rail line already in place along the Colorado River and increase the train traffic within its region.

The U.S. Court of Appeals, District of Columbia Circuit, ruled in favor of challengers 2023. They concluded that the environmental assessment did not adequately analyze the effects of increased production of oil in the basin and downstream, where oil would be refined.

The administration of Democratic former president Joe Biden, as well as the state Utah, had supported the railway coalition.

The challengers were supported by 15 other states. Colorado's economy is based on outdoor recreation and the project would increase the risk of spills, rail accidents, or leaks near the Colorado River headwaters.

Conservative Justice Neil Gorsuch resigned from the case, after some Democratic legislators urged him to do so because former client Philip Anschutz has a financial stake in its outcome.

(source: Reuters)