(The following article was posted on Minnesota television station KXLT’s website on June 10.)
ROCHESTER, Minn. — The fight about whether or not Dakota, Minnesota and Eastern Railroad has the right to expand in the way the Surface Transportation Board has ruled will be heard by a three judge panel tomorrow in the 8th Circuit U.S. Court of Appeals.
Rochester City Attorney Terry Adkins will be there along with lawyers representing the city, Mayo Clinic, Olmsted County and others stating their case and answering questions in St. Paul starting at nine tomorrow morning.
Some of the arguments the city will highlight include, what it calls, 12 serious environmental problems with the expansion and some mistakes made during the whole procedure of allowing the project to go ahead.
Adkins says the board did not make a good environmental assessment but still gave approval for the expansion.
If the city, county and clinic win, the board has to take a look at the expansion again which would push the construction back but not get rid of the project all togehter.
Adkins thinks the judges will make a decision on this by the end of the year and nothing will be decided by tomorrow.
If Adkins and his side lose, the next step would be for the entire eight judge panel to hear the case, which Adkins says is not likely.
The next step after that is the U.S. Supreme Court which is even more not likely to happen.
DM&E President Kevin Sheiffer says he’s happy with the board’s decision and the anticipation is he and the board will argue strongly for that decision to be upheld.