Bennett, Negus, issues statement supporting Eagle County’s environmental case

Colorado Sen. Michael Bennet and U.S. Rep. Joe Negus, both Democrats, filed joint statement On Friday, the U.S. Supreme Court supported Eagle County’s argument that federal officials failed to properly analyze the environmental impact of a railroad project in Colorado, violating federal law.

Eagle County claims the court upheld an August 2023 D.C. District Court decision that overturned the Surface Transportation Board’s (STB) approval of the Uinta Basin Rail Project. The DC court found that the STB’s decision on the proposed rail line was of no consequence could not be properly parsed environmental impacts of the project that may result from increased oil production in violation of federal laws. In addition, the court found that the board failed to consider the potential harm from oil spills or other accidents along the Colorado River or the impact of increased crude oil refining on communities along the Gulf Coast.

In Seven County Infrastructure Coalition v. Eagle County, Colorado, the Supreme Court is specifically weighing whether to set limits on how much agencies can review under the National Infrastructure Policy Act (NEPA), signed by President Richard Nixon in 1970. which ensures that federal project permits are granted only after an in-depth analysis of the project’s environmental impact.

This case in Eagle County is going to trial conservative majority has rolled up agencies’ authority to take action to protect air and water, including a 2022 decision that limits the EPA’s ability to regulate CO2 emissions.

NEPA requires agencies to consider the “reasonably foreseeable” environmental consequences of their actions. Eagle County argued that the rail project and the resulting miles of oil trains traveling through Colorado would predictably impact Eagle County through increased wildfire risk and the possibility of oil spills.

The Eagle County case was also supported by amicus briefs filed Attorney General of Colorado Phil Weiser and coalition of communities through Colorado. The coalition includes communities potentially affected by the project: Glenwood Springs, Grand Junction, Mintern, Avon, Red Cliff, Crested Butte and Basalt, as well as Grand, Routt, Boulder, Pitkin and Northwest Council of Governments counties Colorado.

“Anyone who has spent time along the Colorado River understands the real risks to our environment, our local economy and our state. That’s why I’ve worked for years to get federal agencies to properly explain the full threat the proposed Uintah Basin Railroad poses to Colorado. “This train does not need to increase the transportation of dangerous oil from Utah through our state, and I will continue to support a broad coalition of local leaders and community members to oppose this dangerous project,” Sen. Bennet said in a statement. “I hope the Supreme Court will seriously consider Eagle County’s arguments, the concerns raised by the Colorado attorney general and numerous local governments in their court briefs, and the consequences for those most affected by a potential derailment in the upper Colorado River.” .

Neguse added, “The Uinta Basin project poses a significant threat to our state’s water resources, wildlife habitats, outdoor recreation, and the broader interests of the Colorado River Basin. With the concerns and well-being of our communities at the fore, Senator Bennet and I have been working for years to oppose this project … we are united by the community and local leaders to oppose this rail line and protect our shared environment.”

If implemented, the Uinta Basin Railroad will allow this to happen 4.6 billion gallons of crude oil per year for transportation from Utah through Colorado to the Gulf Coast. These trains will run 100 miles along the headwaters of the Colorado River. The Colorado River supplies fresh drinking water to one in ten Americans and 30 tribal nations and is a key source of water for more than five million acres of agricultural land.

Other Colorado officials also spoke in favor of Eagle County’s case. “The Colorado River is the heart of Garfield County. A Uinta project derailment would have catastrophic environmental consequences for our agricultural and recreational communities,” said Colorado State Sen. Perry Will (R-New Castle). “Given the potential impact on the livelihoods of my constituents, we must allay people’s fears and ensure a full environmental review before this project moves forward. I understand that energy security is equal to national security, but protecting the communities I represent is just as important.”

Colorado House Speaker Julie McCluskey (D-Dillon): “Water is an important part of the West Slope way of life. Protecting our waters is critical to maintaining healthy ecosystems, supporting Colorado’s outdoor recreation industry, and providing the foundation for Colorado’s agricultural economy. The Uintah Basin Railroad project would send hundreds of thousands of barrels of oil down the Colorado River, posing a serious threat to this water source that more than 40 million Americans rely on. The Supreme Court’s decision will have significant implications for the future of the Colorado River, and I hope the justices will consider the long-term impact of this project on Colorado’s environment and our communities.”

Bennett and Negus have already sent several letters to federal agencies advancing further environmental review of the environmental risks of the Uintah Basin Railroad project, namely the USDA, the USDT, and the Environmental Protection Agency.