U.S. Supreme Court sets date to hear Uinta oil train dispute

Freight train cars carrying oil parked in Grand Junction, Sept. 6, 2022.
Hart Van Denburg/CPR News
Freight train cars carrying oil parked in Grand Junction, Sept. 6, 2022.

A years-long legal battle that could result in billions of gallons of oil being shipped along the Colorado River will go before the United States Supreme Court in December. 

The case, Seven County Infrastructure Coalition v. Eagle County, asks the Supreme Court to review a lower court decision that found there was insufficient environmental analysis of a railway project in eastern Utah. That project, the Uinta Basin Railway, would construct about 80 miles of new track in order to connect oil production sites with existing train routes.

Opponents said that expansion would increase the risk of hazardous material spills into the most important waterway in the Western United States. The concerns prompted a lawsuit from Eagle County to halt the project. 

At issue is whether or not the National Environmental Policy Act requires agencies to consider environmental impacts beyond the immediate scope of the project. In August, the U.S. Court of Appeals for the D.C. Circuit ruled that the Surface Transportation Board erred by not considering risks to the Colorado River. 

That led to an appeal by the Seven County Infrastructure Coalition, which is backing the project, which will go before the Supreme Court on Dec 10. Earlier this year, leaders in support of the project said the existing environmental reviews fairly evaluated the proposal. 

“We are optimistic about the Supreme Court’s review and confident in the thorough environmental assessments conducted by the STB,” Keith Heaton, director of the infrastructure coalition said in a June statement. He added that the project is “vital for the economic growth and connectivity” of the area. 

Numerous Colorado officials, including Attorney General Phil Weiser, have submitted briefs in support of Eagle County’s call to halt the project. Colorado’s Senior U.S. Senator Michael Bennet and Congressman Joe Neguse, whose district includes Eagle County, have also come out against the project. 

“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,” Bennet said in a statement.

Colorado has had several cases come before the Supreme Court recently. Earlier this year, the justices ruled against Colorado on a case disqualifying Donald Trump from the ballot. The court also decided two Colorado cases in 2023. In one, it ruled a Colorado web designer could refuse business to LGBTQ customers, and in another, it said the state violated a man’s First Amendment rights by imprisoning him over harassment charges.