U.S. Supreme Court sides with Uinta Basin Railway in NEPA showdown

May 29, 2025
train

By Aidan Mortensen | KOAL News

The U.S. Supreme Court has reached a decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, which centers around the construction of the Uinta Basin Railway. In an 8-0 decision, the justices reversed a lower court’s ruling, allowing the project to proceed.

This ruling not only impacts the Castle Country Area and the Uinta Basin but could have potential national impacts regarding federal environmental regulations. The case challenges the scope of the National Environmental Policy Act, or NEPA, with regulators approving the project under the statute but seven environmental groups and a Colorado county opposing the construction, citing environmental concerns like a potential oil spill into the Colorado River and increased wildfire risk.

The Salt Lake Tribune reports that if built, the railway would connect the remote, oil-rich Uinta Basin to the national rail network – potentially quintupling oil production from the region, according to estimates from a 2021 environmental review.

In the court’s opinion, Justice Brett Kavanaugh wrote,” Simply stated, NEPA is a procedural cross-check, not a substantive roadblock. The goal of the law is to inform agency decision-making, not to paralyze it.” Four other conservative justices joined in the opinion.

Justice Sonya Sotomayor wrote a concurring opinion but cited different reasoning. “I reach that conclusion because, under its organic statute, the Board had no authority to reject petitioners’ application on account of the harms third parties would cause with products transported on the proposed railway,” writes the justice.

Justices Elena Kagan and Kentaji Brown Jackson joined Sotomayor.

Justice Neil Gorsuch recused himself from the case due to a conflict of interest with Philip Anschutz, whom Gorsuch had previously represented. Although not directly involved in the case, Anschultz owns several oil wells in Colorado that could potentially benefit from the railway if constructed.

“This decision affirms the years of work and collaboration that have gone into making the Uinta Basin Railway a reality,” said Keith Heaton, Director of the Seven County Infrastructure Coalition, the project’s public partner. “It represents a turning point for rural Utah – bringing safer, sustainable, more efficient transportation options, and opening new doors for investment and economic stability. We look forward to continuing our work with all stakeholders to deliver this transformative project.”

Despite the Supreme Court’s decision, the Uinta Basin Railway still faces additional legal and regulatory hurdles. In a press release, the railway outlines the next steps, which include additional approvals such as Reauthorization by the Surface Transportation Board, Federal permit reinstatement, regulatory compliance and construction preparation.

“If we get a favorable decision from the court and the other things we’ve got lined up happen, we hope to be constructing next year at this time,” said Heaton in an interim meeting of the Utah State Legislature.

The ruling has drawn support from members of Utah’s federal delegation. In a post shared on X, Rep. Mike Kennedy states,” The Supreme Court’s unanimous decision to uphold the approval of the Uinta Basin Railway represents a significant advancement for America’s energy infrastructure and a vital boost to rural economic development in Utah.”

Sen. John Curtis echoes this sentiment in a post of his own, saying” For too long, litigious groups have weaponized environmental reviews to stall critical projects—oil, gas, wind, solar, nuclear, and more. I’ll keep pushing for real permitting reform to unlock our full potential to provide affordable, reliable, and clean energy. ”

Updated 2:30 p.m. 5-29-25 to add quotes from Rep. Mike Kennedy and Sen. John Curtis.

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