By Brad Jones
In Northern Plains Resource Council v. Surface Transportation Board, the Ninth Circuit Court of Appeals held that the Surface Transportation Board failed to adequately address, or update, several key environmental impacts in its Final Environmental Impact Statement prior to approving a privately-financed railroad in southeast Montana. The railroad was proposed to haul large amounts of coal from the Montana’s Powder and Tongue River Basins. As a result of the court’s holding, business interests hoping to capitalize on Montana’s coal potential have been dealt a setback, although not necessarily a final defeat.
Read the full summary here.