ROCHESTER, Minn. — The Mayo Clinic and the city of Rochester went to court on February 5 to challenge the expansion of the Dakota, Minnesota & Eastern Railroad, the St. Paul Pioneer Press reports.
They filed petitions with a federal appeals court in Washington, D.C., to reverse the Surface Transportation Board’s approval of the expansion.
“We honestly believe that the future of the city of Rochester is at stake,” said Dr. Hugh Smith, chairman of the Mayo Clinic-Rochester Board of Governors. “It’s just too important not to go this last mile.”
Reversals of the federal agency’s decisions are rare, but not unprecedented, Rochester City Attorney Terry Adkins said.
“It will be a difficult task ahead of us, there’s no question,” he said.
Rochester and Mayo object to the plan on environmental and safety grounds because the project would route several coal trains a day through the city. The STB rejected their requests that the railroad be required to build a bypass around the city.
DM&E President Kevin Schieffer said he was disappointed but not surprised by the appeal. He said neither the city nor the clinic was willing to negotiate over their differences.
“We offered to meet with both the Mayo Clinic and the city of Rochester and they didn’t even want to meet to discuss it, so I don’t know how you negotiate with something like that,” Schieffer said. “Their position seems to be, ‘It’s our way or no way,’ and that’s certainly their prerogative. From our standpoint, we’re confident in our position.”
Schieffer said he plans to hold a public meeting in Rochester to discuss the issue and explain the railroad’s position to the community, but he had not set a date or venue.
The petitions for review are essentially an appeal of the STB’s approval granted to the DM&E. The District of Columbia Circuit Court of Appeals, which handles appeals of federal agency decisions, will review the written arguments, and possibly hear oral arguments, from both sides before issuing a decision. It could be a lengthy process in a saga that’s already more than 4 years old.
While the case is pending, DM&E can proceed with work, but “they do so at their own risk and their lenders’ risk,” Adkins said.
The city and Mayo expect to be joined soon by others challenging the STB decision, which was issued last week. Adkins said the cases likely will be consolidated.
The Brookings, S.D.-based railroad has proposed upgrading 600 miles of line in Minnesota and South Dakota, while adding 280 miles of new track to link up with Wyoming coal fields. The DM&E would haul coal from Wyoming across South Dakota and southern Minnesota to the Mississippi River. The project is expected to cost $1.4 billion and would be one of the largest railroad construction projects in the nation’s recent history.
The DM&E line runs through Rochester and several other Minnesota and South Dakota communities before ending outside Winona.
Rochester has spent almost $700,000 fighting the project, and Mayor Chuck Canfield said Rochester officials “remain committed” to stopping it.
“This has always been an uphill battle,” Canfield said. “(But) quitting our efforts is not in the best interest of the community and the citizens we were elected to represent and protect.”