Colorado attorney general, local, state officials weigh in on Utah oil train case set for SCOTUS hearing

Oil drilling in the Uinta Basin of Utah (David O. Williams photo).

Colorado Attorney General Phil Weiser on Friday was joined by 14 other state AG’s and the District of Columbia in urging the U.S. Supreme Court (brief here) to uphold a lower court ruling blocking the “risky Uinta Basin oil rail project” in Utah.

Weiser had previously told RealVail.com he was considering weighing in on the case that was sparked by Eagle County and several environmental groups suing to overturn federal approval of the massive surge in Utah oil traveling by rail along the Colorado River. Eagle County won the case but Utah’s Seven County Infrastructure Coalition petitioned the nation’s highest court to consider the case, which it will do on Dec. 10.

In all, eight “friends of the court” amicus briefs in support of Eagle County and the environmental groups were filed on Friday, and they can all be viewed on the U.S. Supreme Court e-docket for the case.

Included was a brief on behalf of 11 local governments, including Avon, Minturn and Red Cliff in Eagle County, and cities and towns along the rail line from Grand Junction to Glenwood Springs. The offices of Colorado U.S. Sen. Michael Bennet and U.S. House Assistant Minority Leader Joe Neguse issued the following press release with quotes from Weiser and numerous local officials whom they support in this case:

Colorado U.S. Senator Michael Bennet and U.S. House Assistant Minority Leader Joe Neguse joined Colorado leaders to support Eagle County’s position before the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado. Eagle County is urging the Court to uphold the August 2023 D.C. Circuit Court decision to overturn the Surface Transportation Board’s (STB) approval of the Uinta Basin Railway project based on flawed environmental review and violations of federal laws. Eagle County’s arguments are supported by amicus briefs filed by the Colorado Attorney General and a broad coalition of Colorado communities that would be affected by the proposed railway.

“Anyone who has spent time along the Colorado River understands what the risks really are for our environment, our local economies, and our state. That’s why I’ve worked for years to urge federal agencies to adequately account for the full threat that the proposed Uinta Basin Railway poses to Colorado. This train has no business increasing the transport of hazardous oil from Utah through our state, and I’ll continue to stand with a broad coalition of local leaders and community members to oppose this dangerous project,” said Bennet. “I hope the Supreme Court seriously considers Eagle County’s arguments, the concerns raised by Colorado’s Attorney General and numerous local governments in their amicus briefs, and the implications for those most deeply affected by a potential derailment in the headwaters of the Colorado River.”

“The Uinta Basin Railway Project poses a significant threat to our state’s water resources, wildlife habitats, outdoor recreation, and the broader interests of the Colorado River Basin. With these concerns and the well-being of our communities at the forefront, Senator Bennet and I have led an effort for years opposing this project,” said Neguse. “As the Supreme Court prepares to hear Seven County Infrastructure Coalition v. Eagle County, Colorado, we stand united with the community and local leaders in opposing this rail line and protecting our shared environment.”

In their brief, Eagle County argues that the National Environmental Policy Act (NEPA) has long required agencies to consider the “reasonably foreseeable” environmental consequences of their actions, which was codified in recent amendments to the Act. Eagle County further argues that the proposed railway project and the miles of oil trains traveling through Colorado each day will foreseeably affect Eagle County – namely, through increased wildfire risk and the potential for oil spills from train accidents. 

If completed, the Uinta Basin Railway would enable the shipment of up to 4.6 billion gallons of waxy crude oil per year from Utah through Colorado to the Gulf Coast on as many as five trains per day. These trains would run over 100 miles directly alongside the headwaters of the Colorado River – a vital water supply for nearly 40 million Americans, 30 Tribal nations, and millions of acres of agricultural land. A train derailment that spills oil in the headwaters of the River would be catastrophic to Colorado’s water supplies, wildlife habitat, and outdoor recreation. In addition, an accident on the proposed railway would also increase wildfire risk as the West faces a 1,200-year drought.

“The downline effects of the Uinta line within Eagle County, and our state as a whole, are potentially catastrophic. These potential impacts, including significant wildfire and safety risks, and pollution to the Colorado River, should be fully and thoughtfully considered. We are confident the Supreme Court will agree with the D.C. Circuit Court of Appeals decision to invalidate the Uinta approval for failing to consider those and other impacts,” said Matt Scherr, Commissioner, Eagle County.

“The Colorado River is among the most critical natural resources in our state—and our most critical water source. The risk to our state and others from shipping hundreds of thousands of oil barrels along the river daily is significant—from wildfires caused by rail track sparks and oil car leaks contaminating the river to, at worst, derailments, and spills. The risk of harm to our state and mountain communities and others affected by this rail line are simply too great to ignore. The D.C. Circuit Court of Appeals was correct to throw out this project’s approval for not having fully grasped the magnitude of its impacts to the environment. The Supreme Court should apply the letter of our federal laws and uphold the appellate court’s decision,” said Colorado Attorney General Phil Weiser.

“It is imperative that the Supreme Court recognize that communities along the Colorado River would be impacted by the proposed Uinta Basin Railway and the ensuing downline effects caused by additional miles-long trains filled with heavy waxy crude oil. As our amicus brief explains, the National Environmental Policy Act is a crucial tool giving voice to communities like Glenwood Springs that stand to bear the environmental and economic consequences that such a project can have on our rivers and public lands and the businesses that depend upon them. We hope that the justices will consider our communities’ unique perspectives in these vital economic matters,” said Ingrid Wussow, Mayor, City of Glenwood Springs.

“Water is an important part of the Western Slope way of life. Protecting our waters is crucial for maintaining healthy ecosystems, supporting Colorado’s outdoor recreation industry, and ensuring the foundation for Colorado’s agricultural economy. The Uinta Basin Railway project will send hundreds of thousands of barrels of oil along the Colorado River, posing a major threat to this water source that over 40 million Americans rely on. A Supreme Court ruling will have significant implications for the future of the Colorado River, and I hope the justices consider the long-term impacts this project could have on Colorado’s environment and our communities,” said Julie McCluskie, Colorado State Representative and Speaker of the House.

“I continue to stand in strong support of Eagle County’s demand for a robust environmental review of this proposed project and commend their efforts in bringing this need for accountability all the way to the U.S. Supreme Court,” said Dylan Roberts, Colorado State Senator. “My constituents in Eagle County and all along the Colorado River deserve the very highest protection of our water and I am proud to be amongst many national, state, and local leaders and governments in supporting Eagle County’s effort.”

“The Colorado River is the heart of Garfield County. A train derailment from the Uinta Project would have catastrophic environmental consequences on our agricultural and recreational communities. Given the potential impacts to my constituents’ livelihoods, we need to alleviate people’s fear and provide a full environmental review before this project moves forward. I understand that energy security equals national security, however protecting the communities I represent is just as important,” said Perry Will, Colorado State Senator.

“Water is the lifeblood of the Western Slope, supporting daily household needs, tourism, agriculture, local economies and everything in between. Keeping Colorado’s waterways clean is essential and the Uinta Basin Railway will jeopardize our freshwater supply. I stand alongside the people of Eagle County and the more than 40 million Americans who rely on the Colorado River for fresh, clean water – our way of life depends on it. I hope the Supreme Court recognizes the gravity of the situation and the impact their ruling will have on our community,” said Meghan Lukens, Colorado State Representative.

“The people of my district would be hugely impacted, and they deserve better. The Uinta Basin Railway would double the amount of oil transported by rail in the U.S. and increase hazardous materials transport TENFOLD right through our communities. It puts our lives at risk: the potential for catastrophic wildfire, water contamination and accidents is too great. Our jobs, our wildlife, our ranches and our drinking water are threatened,” said Elizabeth Velasco, Colorado State Representative. “This project should never have been approved in the first place. I support Glenwood Springs filing an Amicus Brief to urge the Supreme Court to support our communities and the industries that rely on the Colorado River Basin and reject this dangerous effort to send significantly more shipments of oil through Glenwood Canyon, and through the heart of small towns in Garfield County.”

“Although we understand that oil needs to be transported from point A to point B, we are also the headwaters of the Colorado River. We have significant concerns about the impact a derailment and spill in Grand County would have on the ability to deliver clean, high-quality water to our own communities, and those throughout Colorado. Additionally, a waxy crude spill in Grand County would be catastrophic to our recreation- and ag-based economy,” said Merrit Linke, Chair of Board of County Commissioners, Grand County.

“Routt County is proud to support Eagle County and their effort to ensure rail safety and the protection of the Colorado River Basin. As this case makes its way through the legal system, it is apparent that the approval process for the Uinta Basin Railway did not fully consider the significant risks to Colorado’s communities, our precious water resources, and the environment. Routt County continues to stand with so many of our local government colleagues in support of Eagle County,” said Sonja Macys, Commissioner, Routt County.

“America doesn’t need Uinta’s low quality, dirty oil, and 40 million Americans who depend upon the Colorado River certainly do not need the catastrophic consequences of the inevitable oil train derailment in the Glenwood Canyon. Citizens of western Colorado and Utah deserve better. Pitkin County stands with Eagle County in defending our river and our livelihood from this train wreck of a plan,” said Greg Poschman, Chair of the Board of County Commissioners, Pitkin County. 

“Boulder County is proud to stand with Eagle County and a bipartisan coalition of local governments and communities who oppose the construction of a railway that will bring railcars brimming with crude oil through pristine Colorado landscapes. The D.C. Circuit Court of Appeals correctly determined that the Surface Transportation Board violated the National Environmental Protection Act by failing to consider the environmental impacts of the proposed railway. Given the risks of train derailment for miles-long oil trains traveling through difficult mountainous terrain, Boulder County is justifiably concerned about accidents, wildfires, river contamination, and destruction of private property inevitably caused by the Surface Transportation Board’s decision. The briefing before the U.S. Supreme Court demonstrates that the D.C. Circuit court’s decision should be upheld and that federal law requires further evaluation and analysis before the railway can be approved,” said Claire Levy, Marta Loachamin, and Ashley Stolzmann, Commissioners, Boulder County.

“Chaffee County Board of County Commissioners wishes to reiterate our strong opposition to the proposed activation and expansion of the Uinta Basin Railway (UBR) Project. Chaffee County leadership share the common opinion of others directly within the path and “downline” of the UBR corridor that the risks of transporting hundreds-of-thousands of barrels of toxic waxy crude oil through our mountain communities are simply too great for our residents and for the millions of visitors that journey to experience our region each year.” said P.T. Wood, Commissioner, Chaffee County.

“As representatives of the City of Grand Junction and its residents, we know the importance of ensuring that our community’s interests are considered during the regulatory process for any project with the potential to have a significant impact on communities like ours. We urge the honorable United States Supreme Court to uphold the rulings of two lower courts, and simply ensure that down-line impacts of the proposed project are taken into account during the NEPA process,” said Abram Herman, Mayor, City of Grand Junction.

“Minturn is thankful for the ongoing support from Senator Bennet in his effort to protect our environmental future. The outcome of this issue is collectively important to the communities of Eagle County and Senator’s Bennet’s commitment to our goals has been outstanding,” said Earle Bidez, Mayor, Town of Minturn.

“Opening up the rail line along the Colorado River for oil transportation is a guaranteed water quality catastrophe that will impact millions who are dependent on the Colorado River,” said Eric Heil, Manager, Town of Avon.

“Red Cliff, Colorado, a town of 280 residents nestled between Beaver Creek and Vail along the Colorado Scenic Byway (Highway 24), is deeply concerned about the potential impact of a railroad coming through our town, particularly near the waterways and natural areas we rely on. As a community surrounded by pristine wilderness, we understand all too well the dangers that a single wildfire can pose, not only to our tourism-based economy but also to the health and safety of our residents. The risk of a train derailment or sparks from passing trains igniting a wildfire is especially alarming, given the dense fuel loads in and around Red Cliff. Even more concerning is the potential derailment of trains carrying crude oil, which could result in catastrophic damage to our environment—particularly to our water quality, a vital resource for both residents and wildlife. Any of these types of events could devastate our water supply, cause landslides, debris flows, and road closures, and cripple our town’s economy for years to come. We urge policymakers to take these concerns seriously and prioritize measures that mitigate both wildfire risks and environmental threats posed by rail transport,” said Duke Gerber, Mayor, Town of Red Cliff.

“The Town of Crested Butte has joined the amicus brief in support of Eagle County’s work to ensure appropriate environmental review of federal actions through the National Environmental Protection Act, or NEPA. It is understandable why the residents of Eagle County want to have full disclosure of federal decision-making. Trains traveling through a complicated mountain terrain will be carrying oil that if spilled, could pollute streams, increase the risk of wildfire, and undercut private property values. More generally, while NEPA does not require a particular outcome to a decision-making process, it has been fundamental to laying bare the logic of federal decisions. Why would anyone think that it is in the best interests of our communities and private property values to let the government make decisions without disclosing the impacts of those decisions? Anybody who is worried about the heavy hand of government should take pause with how the Surface Transportation Board failed to go through the NEPA process,” said Ian Billick, Mayor, Town of Crested Butte.

“What happens in one place in the Colorado watershed affects all communities that are located within the watershed. That is why the Town of Basalt is proud to sign onto the amicus brief in support of Eagle County’s position before the Supreme Court. Protecting the waters that support our communities is paramount to our economy and our way of life. The proposed Uinta Basin Railway would jeopardize all of that,” said David Knight, Mayor, Town of Basalt.

“The Colorado River is one of our state’s most vital resources, and the risk posed by transporting large quantities of oil along its banks is too great to ignore. From potential fires and oil spills to devastating derailments, the consequences for our water, wildlife, and local economies could be catastrophic. The D.C. Circuit Court’s decision to reject the project’s approval was necessary to protect these resources, and we urge the Supreme Court to uphold it,” said Alyssa Shenk, Council Chair, Northwest Colorado Council of Governments.

An amicus brief submitted in support of Eagle County was signed by the municipalities of Glenwood Springs, Grand Junction, Minturn, Avon, Red Cliff, Crested Butte, and Basalt, and Grand, Routt, Boulder, and Pitkin Counties, as well as the Northwest Colorado Council of Governments.

Bennet and Neguse have consistently raised concerns about the proposed Uinta Basin Railway and its risks to Colorado’s communities, water, land, air, and climate. In January, Bennet and Neguse applauded the U.S. Forest Service’s withdrawal of their Record of Decision that would have authorized the issuance of a special use permit for the Uinta Basin Railway. In August 2023, the lawmakers also welcomed the D.C. Circuit Court’s decision to overrule STB approval of the project, vacating their environmental review, and ordered a new review. Leading up to these decisions, Bennet and Neguse led several letters to federal agencies urging additional environmental review of the risks to Colorado from the proposed project – including to the Council on Environmental Quality in July 2022, and to the U.S. Department of Agriculture, the U.S. Department of Transportation, and the Environmental Protection Agency in March 2023.