Romney Joins Amicus Brief Supporting Uinta Basin Railway Project in Supreme Court Case

• 09.05.2024
• Tags:Clean Air, Energy & Water, Public Lands, Rural Utah, Trade

Romney Joins Amicus Brief Supporting Uinta Basin Railway Project in Supreme Court Case

Amicus brief also states opposition to the extreme judicial expansion of NEPA

WASHINGTON-U.S. Senator Mitt Romney (R-UT) joined a group of colleagues, led by Senator John Barrasso (R-WY), Ranking Member of the Senate Committee on Energy and Natural Resources, in filing an amicus brief in the Supreme Court of the United States opposing the extreme judicial expansion of the National Environmental Policy Act (NEPA) and supporting the construction of the Uinta Basin Railway, a proposed 88-mile rail line that would connect the oil-rich Uinta Basin region of eastern Utah to the national rail network.

Earlier this year, the Supreme Court agreed to hear the case Seven County Infrastructure Coalition v. Eagle County reviewing a decision by the U.S. Court of Appeals, D.C. Circuit which blocked the Uinta Basin Rail Project. The senators' amicus brief supports the project proponents' argument that the scope of NEPA reviews should be narrowed to effects solely within the approving agency's jurisdiction, rather than requiring an overly broad and overly expansive analysis of any potential environmental impact that could result from the project.

Cosigners of the amicus brief include Senate Republican Leader Mitch McConnell (R-KY) and Senators Mike Lee (R-UT), Ted Cruz (R-TX), and Shelley Moore Capito (R-WV). Senators Cruz and Capito are the ranking members of the committees on Commerce, Science, & Transportation and Environment and Public Works, respectively-the committees of jurisdiction for this project.

"The Uinta Basin Railway is key to Utah's continued economic growth by providing a reliable transportation route for goods, creating jobs, and attracting new businesses," said Senator Romney. "It's critical that the Uinta Basin Railway Project moves forward and I remain committed to supporting the investment of innovative infrastructure projects in our state."

"The Uinta Basin Railway remains a critical project for the economy of eastern Utah, and our rural counties and federal agencies have repeatedly shown that the project is environmentally responsible," said Governor Cox. "If we want NEPA reviews to be a helpful tool for decision-makers rather than a legal device for activists to endlessly postpone projects, those reviews must be focused on the direct effects of an action by a federal agency, not speculative indirect effects. We're grateful for the support of Congressional leaders and others who recognize both the importance of this project and why we desperately need to reform NEPA."

"The Seven County Infrastructure Coalition is pleased to have the Supreme Court consider the merits of our petition to review the depth and breadth of federal agency environmental review requirements. The Uinta Basin Railway Project is critical to the economic vitality of eastern Utah, and a clear decision not only benefits this project but helps everyone better understand the National Environmental Protection Act and navigate a positive outcome for America. We appreciate the interest and support of congressional leaders in this matter," said Keith Heaton, Executive Director of the Seven County Infrastructure Coalition.

Specifically, the amicus brief:

• Supports the Seven County Infrastructure Coalition's argument that the scope of a NEPA review should not go beyond an agency's authority and expertise.
• Argues that the judicial expansion of NEPA undermines the legislative process as Congress knows that funds that it may appropriate for infrastructure or other needs will be wasted, as agencies study any conceivable environmental effect in an effort to litigation- proof their projects.
• States that Courts often halt critically important infrastructure for years, even decades, just to have agencies write a better and longer essay on environmental or other effects that are vastly outweighed by the public interest.

Background on the Uinta Basin Rail Project:

The Uinta Basin Railway Project is a proposed 88-mile rail line that would solve the long-standing freight transportation challenges in the Uinta Basin region of eastern Utah by connecting it to the national railway network. This common-carrier railway will move goods in a safe and cost-effective way to enable economic stability, job creation, sustainable communities, reduced highway use, and an enriched quality of life in the Uinta Basin and beyond.

The project is a public-private partnership between seven counties in Utah-Carbon, Daggett, Duchesne, Emery, San Juan, Sevier, and Uintah-and Drexel Hamilton Infrastructure Partners.

Following a letter sent by Senator Romney, Governor Herbert, and the entire Utah Congressional delegation supporting the project, the Surface Transportation Board approved construction of the railway in 2021. However, the approval is currently being challenged in court by several environmental groups.

Read the full brief here.