The D.C. Circuit Court of Appeals denied defendant-intervenors’ petition for rehearing en banc of its August 2023 opinion finding that the Surface Transportation Board (STP) violated NEPA, the Endangered Species Act, and the Interstate Commerce Commission Termination (ICCT) Act when it reviewed a proposal for construction and operation of an 80-mile rail line in Utah for which the predominant purpose would be transporting waxy crude oil produced in the Uinta Basin. The defendant-intervenors had argued that the court’s opinion conflicted with <a href="https://climatecasechart.com/case/delaware-riverkeeper-network-v-federal-energy-regulatory-commission-2/">2022</a> and <a href="https://climatecasechart.com/case/center-for-biological-diversity-v-federal-energy-regulatory-commission/">2023</a> D.C. Circuit decisions that they argued would not require consideration of upstream and downstream indirect effects where information is not known about upstream wells and downstream end users. They also argued that the court failed to apply the ICCT Act’s presumption favoring rail construction when it found that STB failed to sufficiently weigh environmental effects.

Challenge to a Surface Transportation Board decision approving construction and operation of an 85-mile rail line in Utah.

Eagle County v. Surface Transportation Board

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D.C. Circuit Denied En Banc Rehearing in Utah Rail Line Case

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D.C. Circuit Denied En Banc Rehearing in Utah Rail Line Case

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