US Court of Appeals Undermines Uintah RR Plan
On August 18, 2023 the US Court of Appeals rendered a decision which placed significant obstacles in the path to allowing the Uintah Basin waxy crude oil to be transported through Colorado. TU and other environmental organizations are delighted with this decision.
The entire decision is 66 pages long, but the crux of the decision is found on page 66, which you’ll find here:
The deficiencies here are significant. We have found numerous NEPA violations arising from the EIS, including the failures to: (1) quantify reasonably foreseeable upstream and downstream impacts on vegetation and special-status species of increased drilling in the Uinta Basin and increased oil-train traffic along the Union Pacific Line, as well as the effects of oil refining on environmental justice communities the Gulf Coast; (2) take a hard look at wildfire risk as well as impacts on water resources downline; and (3) explain the lack of available information on local accident risk in accordance with 40 C.F.R. § 1502.22(b) (2020). The EIS is further called into question since the BiOp failed to assess impacts on the Colorado River fishes downline.
The poor environmental review alone renders arbitrary the Board’s consideration of the relevant Rail Policies and the final order’s exemption of the Railway. Yet, the Board also failed to conduct a reasoned application of the appropriate Rail Policies as required under the ICCT Act. The Board failed to weigh the Project’s uncertain financial viability and the full potential for environmental harm against the transportation benefits it identified.
“‘[V]acatur is the normal remedy’ when a rule is found unlawful,” and we see no reason to depart from our normal practice here given the lack of argument from the Board, Service, or the Coalition, that vacatur would be disruptive. Am. Pub. Gas Ass’n v. Dep’t of Energy, 22 F.4th 1018, 1030 (D.C. Cir. 2022) (quoting Allina Health Servs. v. Sebelius, 746 F.3d 1102, 1110 (D.C. Cir. 2014)).
Accordingly, we grant the petitions in part and vacate the Final Exemption Order as arbitrary and capricious. Further, we vacate the EIS and BiOp in part for the reasons described above. This matter is remanded to the Board for further proceedings in accordance with this opinion.
So ordered.
TU Thanks Grand County Commissioners, Senator Bennet, Representative Neguse For Help to Make Waxy Crude Oil Transport Safer
In the wake of the recent toxic rail spill in East Palestine Ohio, this issue seems more relevant than ever. TU keeps accumulating allies in our campaign to make transporting waxy crude oil safer. On March 6, US Senator Michael Bennet and Representative Joe Neguse wrote a letter to USDA head Tom Vilsac calling for caution on the approval. Click the Local Oil Spill button below for that letter and other info.
On March 19, Diane Carman’s excellent, fact-filled op-ed on the Uinta Basin waxy crude debacle was published in the Colorado Sun. One of the pearls in Diane’s article revealed that cost estimates for the transportation portion of the project have gone from $1.35 billion to $2.9 billion in the past 18 months. The proponents of the project had the temerity to ask the Department of Transportation for $2 billion in tax exempt Private Activity Bonds, normally used for repairing bridges and widening highways. Approving that bond request would add $80 million per year to the developer’s pockets at taxpayer expense. Diane’s article is the best commentary yet on this proposed environmental disaster. Click the button to read the entire article.
March 19: Best Article Yet On Waxy Crude Threat
Please read Diane Carman’s pointed, fact-filled op-ed on the proposed Uinta Basin waxy crude oil project at the button below.
Coal Train Derailment in Glenwood Canyon, 2004. Photo copyright EP Kosmicki
Uinta Basin Railway Project “Call to Action” Letter
At the Headwaters Chapter of Trout Unlimited, we’re working on suggestions and a starting point for a letter we can all send to the appropriate people and agencies regarding our concerns about trainloads of waxy crude oil transport through Grand County.
We expect to have that info and draft letter up on this website the week of March 13. Until then, here are some thoughts and facts that you can use now to craft your own letters and emails.
Five two-mile long trains per day of waxy crude oil from Utah are proposed to run along the headwaters of the Colorado and Fraser Rivers for over 100 miles before going through the Moffat Tunnel and following Boulder Creek to the Front Range.
The Colorado supplies water to almost 40 million people, 30 tribal nations, irrigates millions of acres of agricultural land and is critical to the economy in Colorado and other western states.
Water from the Colorado and Fraser Rivers adjacent to the railroad route are crucial to the municipal water supply for Grand County towns including Winter Park, Fraser, Tabernash, Granby, Hot Sulphur Springs and Kremmling. The Colorado also supplies drinking water to much of metro Denver and northern Colorado including Fort Collins and Greeley. A spill would seriously impact all of those communities with ripple effects across the Front Range.
Risk from a railroad accident not only threatens a toxic spill into the rivers, but the threat of fire from a spill of the heated (110 degrees F) waxy crude oil. Much of Grand County has already been devastated by recent fires. Fires do more than destroy homes, businesses and our natural environment. They increase damaging runoff and mudslides which degrade water quality and increase costs for water districts to make that water safe enough to put into our municipal water systems.
Freight rail safety is being re-evaluated in the wake of the East Palestine, Ohio and other recent derailments. Those derailments have been on relatively straight, flat track, which is completely unlike some of the curviest track in the US that runs along the Colorado.
Railroads have traditionally fought increased regulation to make rail transport safer. That needs to change. Profit has taken priority over rail safety for far too long.
Oil is likely to continue to play a role in our energy future for some time. At TU, we acknowledge that fact. We also believe that putting ALL the necessary safeguards to protect our rivers and broader environment in place before approving this project is critical. Until comprehensive risk reduction, mitigation and recovery plans are in place, we strongly oppose approval of the Uintah Basin Railway Project.
Senator Bennet’s & Rep. Neguse March 6 Waxy Crude Letter
County Commissioners February 7, 2023 “Waxy Crude” Letter Includes TU Input
TU Thanks Grand County Commissioners For Help to Make Waxy Crude Oil Transport Safer
On Tuesday, January 17th, at 11:30 three TU Headwaters Chapter representatives (Kirk Klancke, Mark Eddy and Rich Newton) presented our concerns about the proposal to move 10 two-mile long trains per day of waxy crude oil along the Colorado and Fraser Rivers through Grand County.
The commissioners agreed to draft a new letter in cooperation with TU to state officials and relevant government agencies.
The new letter will incorporate the following requests from TU:
An experienced contractor is placed on retainer to promptly clean up a waxy crude spill after local toxic spill authorities provide the initial containment.
The plan requires approval from the CDPHE, CPW and Grand County government.
Trout Unlimited would like to review and comment on the plan.
TU and now the county commissioners, will register our opposition to the oil transport until all conditions have been met to better ensure the safety of our rivers and broader environment.
Below is TU’s letter to the commissioners which was the basis for our discussion.
COLORADO RIVER HEADWATERS CHAPTER OF TROUT UNLIMITED
Uintah Basin Railway talking points
Grand County Commissioners Meeting
January 17, 2013
We appreciate the Commissioners letter dated March 8, 2022, asking for protections for Grand County to be put in place if 10 waxy crude trains per day and up to 2 miles long will be traveling through Grand County 365 days a year.
The first protection that the Commissioners asked for was a spill recovery plan to be put in place before the trains start passing through the County. TU thinks that this is a necessary condition and recommends these plan requirements:
An experienced contractor is placed on retainment to clean up a waxy crude spill after local toxic spill authorities provide the initial containment.
The plan requires approval from the CDPHE, CPW and Grand County government.
Trout Unlimited would like to review and comment on the plan.
The Commissioners also asked for first response equipment and training to be provided by the developers and stationed locally for a rapid response. We applaud that condition and are willing to share our research on the type of equipment needed.
A third condition that Trout Unlimited would like to see in an amended letter from the Commissioners would be an escrow account to cover the immediate spill expenses and a bond to guarantee the full reimbursement of all costs associated with a waxy crude spill.
Trout Unlimited would also request that an amended letter state that Grand County’s economy and municipal water supplies are threatened by a potential waxy crude spill and that the Commissioners oppose these trains traveling through the County until these 3 conditions have been met. TU feels that a stance of opposition will bring a higher level of scrutiny to the County’s requests.
Here is some background information on the issue.
TU Cautious on High-Risk Oil Transport in Grand County
Utah produces some of the most environmentally damaging crude oil around. Called “waxy crude”, it’s hard to get out of the ground, to process into useful petroleum products and especially difficult and dangerous to ship. This is particularly relevant here because it’s likely to be shipped through Grand County along the Colorado.
The current proposal for moving this goopy petroleum to refineries includes via train through Grand County along the Colorado River. As many as ten trains as much as two miles long would move the crude through Grand County each day.
This low-grade crude is so thick and waxy it must be kept at 110 degrees while shipping it to keep it liquid! The risk of fire from this hot oil and the risk of a spill (potentially into the river) is high. We all know there have been past derailments, including some that have resulted in railroad cars in the Colorado. There is currently no plan or infrastructure in place to mitigate or recover from the sort of spill that could result from an incident.
TU is actively discussing this controversial proposal with relevant state agencies and officials
Uinta Basin Railway: Reed Dils had the opportunity to speak with Gov Polis, who said he needs to get an updated briefing from his staff. Polis said CCDOT would not actively support or oppose the train but may believe from their perspective it might be doable. Reed also shared that the 350 Colorado organization is speaking out about the Uinta railway and has an action alert on their website https: https://350colorado.org/online-action-hub/.
Recent news articles both on the Eagle Co lawsuit against the railway and about potential plans for Tennessee Plans were provided to Bull Moose.
Links: https://coloradosun.com/2022/10/28/colorado-appeal-uinta-basin-railway/
https://www.outtherecolorado.com/news/dormant-railroad-that-served-camp-hale-national-monument-looking-to-come-back-to-life/article_671dfd62-0f31-5a43-9016-63b48650dfd1.html?utm_medium=social&utm_source=email&utm_campaign=user-share
TU’s Letter to the governor
Here is the letter that went to Sens. Bennet and Hickenlooper, Rep. Neguse and Gov. Polis. This letter was sent in late summer.
Dear Gov. Polis,
We are writing to urge you to oppose a plan to build a rail line that will result in up to 10 two-mile-long trains of heated rail cars filled with waxy crude traveling along the Colorado River and through some of Colorado’s most vulnerable landscapes.
The proposed Uinta Basin Railway would connect oil fields in Utah to the national rail network, specifically the Central Line adjacent to the Colorado River through Grand Junction, Glenwood Springs, Eagle and other small towns, along the Colorado and Fraser Rivers and through Denver before heading south and east to refineries in Oklahoma and the Gulf Coast.
The project has sparked opposition from more than 70 counties, municipalities, and sanitation districts and dozens of environmental groups. Concerns are many. Eagle County and a number of environmental groups have filed a lawsuit to stop the project, citing the need for further environmental assessment, and the local elected officials have opposed the project, voicing concerns that a derailment could devastate local tourism. Others say the project will more than quadruple the production of the Unita Basin oil fields – an increase of more than 350,000 barrels per day – and cause more than 53 million tons of additional carbon pollution per year. And there are concerns that increased traffic through the Moffat Tunnel would prompt a reopening of the Tennessee Pass rail line.
As an organization that works to protect cold-water fisheries and ecosystems, Colorado Trout Unlimited is focused on the environmental devastation that will occur when there is a derailment. Waxy crude is solid at room temperature and each of the railcars on these two-mile-long trains is heated to around 110 degrees to keep the substance liquid.
Tens of millions of people depend on the Colorado River – one of the most important rivers in the West – for drinking water, tourism and irrigation. As they move through Colorado, these heated oil tankers will travel along the river – through the center of Glenwood Springs and on through Glenwood Canyon, Eagle County, through Gore Canyon and Grand County along the headwaters of the Colorado river, then along the Fraser River through Winter Park and the Moffat Tunnel. East of the tunnel the train will rumble through 33 tunnels and navigate horseshoe curves as it makes its way to Denver and beyond.
Picture up to 10 two-mile-long trains with heated rails cars filled with crude oil that hardens to the consistency of candle wax when exposed to air traveling along two of the most threatened rivers in the country, the Colorado and Fraser. Picture what the Colorado River would look like if even one of the tanker cars split open and spilled its load of 29,400 gallons of waxy crude, which solidifies as it flows into the river. The devastation to the river ecosystem would be catastrophic. What happens if one of these tankers derails in Denver?
Picture oil tankers heated to 110 degrees derailing in tinder-dry forests on the West Slope or the bone-dry grasslands of the Front Range. In an era where more and bigger fires are predicted, it’s easy to see another Troublesome Fire on the West Slope or another out-of-control grass fire on the Front Range sparked by one of these heated tankers.
We ask that you to do everything you can to stop the Uinta Basin Railway project. We are happy to meet with you and/or your staff to discuss options. In the meantime, please ensure that no state or federal money is used for the project.