FOLLOW US

America November 14, 2023 3 mins read

Oil Rail Project Rejection Should Stick

America ı By Rihem Akkouche

0 Comments

Oil Rail Project Rejection Should Stick

In a legal saga surrounding the proposed Uinta Basin Railway, the Surface Transportation Board (STB) is standing firm, urging the D.C. Circuit not to reconsider its decision to reject federal approval for the oil rail project. The STB, joined by the Biden administration, environmental groups, and a Colorado county, argues that despite the D.C. Circuit's ruling, the rejection should stick.

STB Defends Environmental Analysis

The STB, an independent federal agency, contends that it meticulously evaluated the environmental impacts of the proposed 80-mile rail line designed to transport crude oil from Utah. The agency maintains it took a "hard look" at the potential effects when it authorized the project in December 2021. However, a D.C. Circuit panel disagreed, ruling in August that the board's environmental analysis violated federal law and its own enabling act.

Factual Errors or Legal Missteps?

In response to the court's decision, the STB asserted that the court's findings were factually incorrect but not inconsistent with precedent. The agency disagrees with the court's interpretation of its precedent, arguing that the identified region, the expansive Uinta Basin, is not specific enough to reasonably foresee upstream impacts. The court, on the contrary, believed the environmental effects could be measured in the "already identified region."

Oil Rail Project Rejection Should Stick : Revisiting the Ruling

The Seven County Infrastructure Coalition and Uinta Basin Railway LLC, proponents of the railway, have urged the court to revisit its decision. Their petition for rehearing argues that the court deviated from its own "bright line" rule on "reasonable foreseeability." They cite precedents in Delaware Riverkeeper Network v. FERC and Center for Biological Diversity v. FERC.

Biden Administration and Environmental Groups Weigh In

The Biden administration and the U.S. Fish and Wildlife Service counter that the court properly distinguished the cases cited in the petition. They argue that the panel correctly determined that the railway's end users were not as unknown as in the referenced cases, and thus, a full court review is unnecessary.

Environmental Groups Stand Firm

Environmental groups, led by the Center for Biological Diversity, also advocate for upholding the court's ruling. Ted Zukoski, senior attorney for the Center for Biological Diversity, emphasized the uphill battle faced by the railway, especially with opposition from both the STB and the Department of Justice.

Oil Rail Project Rejection Should Stick : Legal Community Responds

Nathaniel Hunt of Kaplan Kirsch & Rockwell LLP supports the panel's decision, calling it well-reasoned and consistent with other circuit court decisions. The STB and the Department of Justice, along with Eagle County, echoed this sentiment.

Oil Rail Project Rejection Should Stick : What's Next?

As the legal battle unfolds, the question remains whether the court will stand by its decision or entertain the plea for a rehearing. The Uinta Basin Railway's fate hangs in the balance as stakeholders await the court's final word.

 

Previous Article

$100M OB-GYN Abuse Settlement

Read More
4584 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 11, 2026
Tenet Health 1,500 Layoffs Ripple Across North Texas Job Market
By – Rihem Akkouche
America September 11, 2026
Bears and RB Swift $33.75M Extension Locks In Backfield Anchor
By – Tyler Brooks
America September 11, 2026
Josh Hawley Opens OpenAI Investigation Over…

Key Takeaways Josh Hawley is demanding answers and internal records…

By – Samuel Lopez
America September 11, 2026
Congress Has Seen the Evidence on…

Key Takeaways Lawmakers with security clearances, including Rep. Nancy Mace,…

By – Samuel Lopez
Science & Technology September 11, 2026
iPhone Duo Finally Gives Apple Fans…

CUPERTINO, Calif. — iPhone Duo will bring a folding screen…

By – Michallie Harrison
America September 11, 2026
Mexican Food Company Announces California Layoffs…

Key Takeaways Ruiz Foods is cutting 176 jobs at its…

By – Samuel Lopez
America September 11, 2026
Sam Bankman-Fried Seeks Supreme Court Review…

By Samuel López | USA Herald Sam Bankman-Fried is taking…

By – Samuel Lopez
America September 11, 2026
5th Circuit Vacates $125M Award Over…

Key Takeaways A divided Fifth Circuit upheld relief from a…

By – Samuel Lopez
America September 11, 2026
5th Circuit Vacates $125M Award Over…

Key Takeaways A divided Fifth Circuit upheld relief from a…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
America September 10, 2026
Trump Promises $5,000 Dividend Checks if…

By Samuel López | USA Herald DALLAS — President Donald…

By – Samuel Lopez
America September 10, 2026
Hawaii Couple Sentenced to Prison After…

Key Takeaways Scott Hawver received 16 months in prison, and…

By – Samuel Lopez
America September 10, 2026
Flock Safety Cracks Down on Police…

Flock Safety is introducing mandatory safeguards for its automated license-plate…

By – Jackie Allen
America September 10, 2026
Massachusetts Judge Publicly Reprimanded Over 2018…

Key Takeaways The Massachusetts Supreme Judicial Court publicly reprimanded Judge…

By – Samuel Lopez
America September 10, 2026
OpenAI Cybersecurity Under Scrutiny After AI…

OpenAI cybersecurity concerns are growing after researchers reported that a…

By – Jackie Allen
America September 9, 2026
To Catch a Predator: Robert Pattinson…

The phrase Catch a Predator became synonymous with one of…

By – Jackie Allen
America September 8, 2026
Trump-a-Palooza: Republicans Put Trump at Center…

DALLAS — Trump-a-Palooza is bringing Republicans from across the country…

By – Jackie Allen
America September 8, 2026
Iranian Twins Face Death Sentence and…

Iranian twins Taraneh and Romina Rahimi, 20, are facing drastically…

By – Jackie Allen
America September 8, 2026
AI Amnesia: Bigger Diffusion Models May…

AI Amnesia may be an emerging problem for researchers, artists…

By – Jackie Allen
America September 8, 2026
Bats Invade Homes in New York…

New York is experiencing a surge in bat encounters this…

By – Jackie Allen
America September 10, 2026
PGR Filed for Bankruptcy as Solar…

Solar power promises endless energy from an endless source —…

By – Rihem Akkouche
America September 10, 2026
Frazier $1.1B Public Fund Signals Fresh…

When investors line up not just to meet a funding…

By – Tyler Brooks
America September 10, 2026
Enbridge-Tallgrass Crude Oil Deal Locks In…

In the world of energy infrastructure, growth often looks less…

By – Tyler Brooks
America September 10, 2026
Brian Duckworth Death Silences a Voice…

Some voices carry further than the rooms they’re born in.…

By – Tyler Brooks
America September 10, 2026
Wrongful Death Lawsuit Against Energy Drink…

Key takeaways The latest reported order paused the family’s lawsuit…

By – Samuel Lopez
America September 10, 2026
Missing Scientists and Defense Personnel Continue…

Key takeaways Four people central to earlier coverage remain publicly…

By – Samuel Lopez
America September 9, 2026
Ambient AI Could Be the Next…

Key Takeaways Ambient AI can turn conversations into draft records,…

By – Samuel Lopez
America September 5, 2026
Georgian National Indicted in Money Laundering…

By Samuel López | USA Herald A federal grand jury…

By – Samuel Lopez
America September 1, 2026
DOJ Drops Hammer On Kansas School…

By Samuel López | USA Herald The U.S. Department of…

By – Samuel Lopez
America August 28, 2026
CVS Ordered to Answer for AI-Fueled…

Case at a Glance A Manhattan federal judge has ruled…

By – Samuel Lopez
Breaking News August 27, 2026
Sacred Horse Year Pilgrimage Turns Catastrophic…

A Disaster Unfolding in Real Time, Legal and Diplomatic Fallout…

By – Samuel Lopez
America August 27, 2026
When Your Chatbot Becomes the Star…

Legal Analysis: How AI Conversations Are Reshaping the Rules of…

By – Samuel Lopez
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter