(The Associated Press circulated the following on October 7.)
ROCHESTER, Minn. — The latest appeals court ruling on the Dakota Minnesota & Eastern Railroad project, which turned aside the complaints of local officials, has raised concerns for the chairman of the federal Surface Transportation Board.
Chairman Roger Nober said he worried about the “ramification of certain aspects” of the ruling by the 8th Circuit Court of Appeals in St. Paul. “Our agency is evaluating how it should proceed,” he said.
The DM&E wants to extend its line to the Powder River Basin coal fields in northeast Wyoming and run coal eastward on trains across South Dakota and Minnesota, including a portion running through Rochester.
The project would involve building about 280 miles of new track and upgrading 600 miles of existing track.
The ruling in large part supported the STB’s environmental analysis. The judges dismissed most objections to it made by the city of Rochester, Mayo Foundation and Olmsted County.
Among them, the judges found that the environmental review used reliable methods to measure noise levels, did consider ground vibration, did take a “hard look” at risks to emergency vehicles, and adequately addressed air pollution.
The court also rejected the city’s and Mayo’s protests that the board did not adequately consider a DM&E bypass around Rochester.
“I appreciate the court’s praise for the STB environmental review, which noted that our agency did a highly commendable and professional job in evaluating an enormously complex proposal,” Nober said.
At the same time, the court sent the case for further action. The judges said the Surface Transportation Board’s analysis had not adequately explained why there was no recommendation on limiting noise from train horns.
“This is not to say the board must ultimately mitigate for horn noise, but it must at least explain why mitigation is unwarranted,” the opinion said.
The court also said the board must respond directly to Rochester’s concern about effects of noise and vibration from passing trains.
Two other concerns the judges want the STB to study:
–Historic preservation. The judges want the board to do more to identify endangered historical sites along the route and have a plan to protect them before issuing a license.
–Possible future pollution caused by the increased availability of Powder River Basin coal that would be burned in power plants in the Midwest and Northeast.
The city, county and Mayo were among a group of plaintiffs challenging the federal board’s decision on Jan. 30, 2002. The court ruled Oct. 2.