Utah Rail Project Considers Environmental Impact

A petition was filed by several conservation groups on February 11, 2022 challenging the federal government’s approval of a railroad line that would connect the national rail network with oil and gas resources in Utah, Colorado and Colorado. While the arguments of many groups are focused on climate change and environmental pollution, the underpinning arguments of these groups are notions of environmental Justice for the communities that would be disproportionately impacted by the project. Environmental justice issues are under increasing scrutiny, especially in light theDraft Environmental Justice Action Plan by the EPA in 2022The Petition is an important reminder for companies that considering the environmental justice implications of projects is an important consideration for risk mitigation.

Environmental Justice in the Rail Project

The Utah-Colorado rail construction (the Uinta Basin Railway Project) is a $1.5 Billion undertaking. It would connect various oil and natural gasoline refineries to the national railway link, improving distribution of these valuable resources nationwide. The U.S. The project was approved by the U.S. Surface Transportation Board (Board); however, several groups petitioned D.C. Circuit Court argued that the Board’s decision ignored numerous environmental impact issues, including greenhouse gases, as required by the National Environmental Policy Act (NEPA). Eagle County, Colorado also filed similar pleadings alleging that the project approval did not properly address environmental impact issues.

Petitioners argue that increased greenhouse gas emissions from the region would have a direct and disproportionate impact on the Ute Indian Tribe. The project would also directly impact two types of cacti that are culturally significant to the Ute Indian Tribe. Petitioners claim that the Boards approve these concerns.

Lessons For Companies

Petitioners for the Uinta Basin Rail Project do not directly challenge private entity actions that are allegedly having impacts on marginalized communities. The rail project provided valuable lessons and insights for companies that are considering projects that could have environmental impacts on water, air, soil, or soil that would disproportionately affect marginalized communities. Environmental justice grounds are increasingly being used to challenge corporations’ expansion plans, including the Clean Air Act, Clean Water Act and Civil Rights Act Title VI.

Companies will face increasing challenges in courts that deal with environmental justice issues if they don’t do enough research about the environmental impacts of a project that will have a disproportionate impact on marginalized communities. Risk mitigation begins with recognizing that environmental justice is being given a lot of attention and incorporating it into the planning phase.