The proposed Uinta Basin Railway would stretch 88 miles along the Colorado River to connect Utah to the broader rail network, making it easier to get Utah’s waxy crude oil to refineries on the Gulf Coast and tripling the Uinta Basin’s oil exports.
But the United States Forest Service on Wednesday withdrew its permission to build 12 of those 88 miles of rail through the Ashley National Forest in northeastern Utah.
The Forest Service’s decision follows a previous U.S. Appeals Court ruling that the Surface Transportation Board rushed through the environmental impact statement (EIS) for the railway that denied its approval.
The Utah Seven County Infrastructure Coalition, a public partner for the Uinta Basin Railway, appealed that decision. In early December, the same court rejected their motion to rehear the case.
“Because the Forest Service [decision] was based on the vacated (in part) EIS and biological opinion, the Forest Service is withdrawing the decision and associated project-specific forest plan amendment,” Susan Eickhoff, forest supervisor for the Ashley National Forest, wrote in a letter to “interested parties” that was obtained by The Salt Lake Tribune. “If the deficiencies are addressed and resubmitted for consideration, the Forest Service may issue a new decision.”
About 85% of Utah’s oil and gas production takes place in the Uinta Basin. State leaders and the Ute Indian Tribe, whose reservation is in the Uinta Basin, have expressed support for the railway.
A spokesperson for the Seven County Infrastructure Coalition told The Tribune that the group wasn’t surprised by the Forest Service’s decision.
“It’s actually quite procedural, like a ripple effect,” she said.
The railway, if completed, could transport over 4.5 billion gallons of waxy crude oil through the Ashley National Forest and along the Colorado River, which opponents say is a risk to local communities and the environment.
The U.S. Appeals Court found that the project’s EIS did not sufficiently analyze the effects of increased oil drilling and rail traffic, wildfire risk, accident risk and impact on water. It also raised concerns about the financial viability of the railway and its effects on Gulf Coast communities.
Colorado’s congressional representatives and environmental groups celebrated the Forest Service’s decision.
“Last year, a federal court agreed with Coloradans that the approval process for the Uinta Basin Railway had been gravely insufficient, and did not properly account for the project’s full risks,” said Colorado Sen. Michael Bennet in a statement. “A derailment along the headwaters of the Colorado River could have catastrophic effects for Colorado’s communities, water, and environment. I’m glad the Forest Service has taken this important step to protect the Colorado River and the tens of millions of people who depend on it.”
Going forward, the Seven County Infrastructure Coalition could litigate the Forest Service’s decision or start from scratch.
The latter choice would require the Forest Service, Surface Transportation Board and the U.S. Fish and Wildlife Service to conduct and issue a new permit, EIS and biological opinion for the Uinta Basin Railway.
“This is good news for the Ashley National Forest, the communities along the Colorado River, the river itself and the communities on the Gulf Coast where this would be refined,” Ted Zukoski, senior attorney for the nonprofit Center for Biological Diversity, told The Tribune.
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