Colorado Sen. Michael Bennet and U.S. Rep. Joe Neguse, both Democrats, issued a joint statement Friday supporting Eagle County’s argument before the U.S. Supreme Court that federal officials didn’t adequately analyze the environmental impacts of a Colorado railway project, violating federal law.
Eagle County is arguing that the Court uphold an August 2023 ruling by the D.C. Circuit Court that overturned the Surface Transportation Board’s (STB) approval of the Uinta Basin Railway Project. The D.C. Court found that the STB decision for the proposed rail line had failed to appropriately analyze the ecological impacts of the project that would result from increased oil drilling, violating federal laws. In addition, the court found that the board had not considered potential harm by oil spills or other accidents along the Colorado River or the impact more crude oil refining would have on communities along the Gulf Coast.
In the case, Seven County Infrastructure Coalition v. Eagle County, Colorado, the Supreme Court is specifically weighing whether to set boundaries for how much agencies can consider under the National Policy Act (NEPA), signed into law by President Richard Nixon in 1970, which ensures that federal project permits are granted only after there has been an in-depth review of the project’s environmental impacts.
This Eagle County case comes after the court’s conservative majority has curtailed the powers of agencies to take steps to protect air and water, including a 2022 decision that limits the EPA’s ability to regulate CO2 emissions.
NEPA requires agencies to take into account the “reasonably foreseeable” environmental consequences of their actions. Eagle County has argued that the railway project and miles of oil trains traveling through Colorado, as a result, would foreseeably affect Eagle County through increased risk of wildfire and the possibility of oil spills.
Eagle County’s case has also been supported by amicus briefs filed by Colorado Attorney General Phil Weiser and a coalition of communities across Colorado. The coalition includes communities potentially impacted by the project: Glenwood Springs, Grand Junction, Minturn, Avon, Red Cliff, Crested Butte, and Basalt, as well as the counties of Grand, Routt, Boulder, Pitkin, and the Northwest Colorado Council of Governments.
“Anyone who has spent time along the Colorado River understands what the risks really are for our environment, our local economies, and our state. That’s why I’ve worked for years to urge federal agencies to adequately account for the full threat that the proposed Uinta Basin Railway poses to Colorado. This train has no business increasing the transport of hazardous oil from Utah through our state, and I’ll continue to stand with a broad coalition of local leaders and community members to oppose this dangerous project,” said Sen. Bennet in the statement. “I hope the Supreme Court seriously considers Eagle County’s arguments, the concerns raised by Colorado’s Attorney General and numerous local governments in their amicus briefs, and the implications for those most deeply affected by a potential derailment in the headwaters of the Colorado River.”
Neguse added, “The Uinta Basin Project poses a significant threat to our state’s water resources, wildlife habitats, outdoor recreation, and broader interests of the Colorado River Basin. With the concerns and the well-being of our communities at the forefront, Senator Bennet and I have an effort for years opposing this project… we stand united with the community and local leaders in opposing this rail line and protecting our shared environment.”
If it comes to fruition, the Uinta Basin Railway would allow for 4.6 billion gallons of crude oil per year to be shipped from Utah through Colorado to the Gulf Coast. These trains would run through 100 miles along the Colorado River’s headwaters. The Colorado River supplies fresh drinking water to one in ten Americans and 30 tribal nations and is a key water source for over five million acres of farmland.
Other Colorado officials also spoke out in favor of Eagle County’s case. “The Colorado River is the heart of Garfield County. A train derailment from the Uinta Project would have catastrophic environmental consequences on our agricultural and recreational communities,” said Colorado State Sen. Perry Will (R-New Castle). “Given the potential impacts to my constituents’ livelihoods, we need to alleviate people’s fear and provide a full environmental review before this project moves forward. I understand that energy security equals national security, however, protecting the communities I represent is just as important.”
Speaker of the Colorado House Julie McCluskie (D-Dillon): “Water is an important part of the Western Slope way of life. Protecting our waters is crucial for maintaining healthy ecosystems, supporting Colorado’s outdoor recreation industry, and ensuring the foundation for Colorado’s agricultural economy. The Uinta Basin Railway project will send hundreds of thousands of barrels of oil along the Colorado River, posing a major threat to this water source that over 40 million Americans rely on. A Supreme Court ruling will have significant implications for the future of the Colorado River, and I hope the justices consider the long-term impacts this project could have on Colorado’s environment and our communities.”
Bennet and Neguse had previously sent several letters to federal agencies pushing for further environmental review of the environmental risks of the Uinta Basin Railway project, namely the U.S. Department of Agriculture, the U.S. Department of Transportation, and the Environmental Protection Agency.
