Uinta Basin Railway Is An Oil-Train Fantasy; Still, It's Excuse Enough To Let SCOTUS Go After Key Environmental Law

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Wildcat speculators, big oil companies, and state officials alike have been salivating over the Uinta Basin’s rich oil deposits for years, yet they’ve never been able to fully exploit them. The oil in the basin is a waxy crude that must be heated to 115 degrees to remain liquid, a problem that ruled out an earlier attempt to build a pipeline. The Seven County Infrastructure Coalition, a quasi-governmental organization consisting of the major oil-, gas-, and coal-producing counties in Utah, has received $28 million in public funding to plan and promote the railway as a way around this obstacle. The coalition is one of the petitioners in the Supreme Court case.

“We don’t have a freeway into the Uinta Basin,” Mike McKee, the coalition’s former executive director, told me back in 2022. “It’s just that we have high mountains around us, so it’s been challenging.” Of course, there is no major highway from the basin for the same reason that the railway has never been built: The current two-lane road from Salt Lake City crests a peak that’s almost 10,000 feet above sea level, which is too high for a train to go over. So the current railway plan calls for tunneling through the mountain. But going through it may be just as treacherous as going over it. Inside the unstable mountain rock are pockets of explosive methane and other gases, not all of which have been mapped.

None of this deterred the Seven County coalition from notifying the federal Surface Transportation Board, or STB, in 2019 that it intended to apply for a permit for the railway. The following year, the board started the environmental review process, including taking comments from the public. In December 2021, the STB found that the railway’s transportation merits outweighed its significant environmental effects. It approved the railway, despite noting that the hazards from tunneling “could potentially cause injury or death,” both in the railway’s construction and operation. It recommended that the coalition conduct some geoengineering studies, which it had not done.

Among the many issues the board failed to consider when it approved the project was the impact of the additional 18 miles of oil train cars that the railway would add to the Union Pacific line going through Colorado, including Eagle County, home to the ski town of Vail. Along with creating significant risks of wildfires, the additional trains would run within feet of the Colorado River, where the possibility of regular oil spills could threaten the drinking water for 40 million people. The deficiencies in the STB’s environmental impact statement prompted environmentalists to ask the D.C. Circuit Court of Appeals to review the STB decision, as did Eagle County.

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https://grist.org/transportation/oil-train-supreme-court-nepa-major-environmental-law/