DC Circuit Brief Filed to Force Analysis of Risks of Oil Train Derailment, Wildfires, and I-70 Closures in Colorado

On behalf of a coalition of Colorado cities, towns, and counties, our firm prepared an amicus brief in support of a challenge to the Surface Transportation Board's authorization for the construction of a new railroad line in Utah that is designed to support new crude oil wells in the Uinta Basin. Although the railroad would be constructed in Utah, 90% of the new rail traffic would pass through Colorado's otherwise quiet, yet treacherous, Central Corridor on heavy, mile-long tanker-trains that, in the Board's own estimate, will result in at least one accident per year. Despite this, the Board failed to meaningfully analyze whether its decision will create a higher risk of wildfires in the demonstrably fire-prone Central Corridor. The Colorado communities that will be most impacted by the Board's decision are understandably concerned and have asked the Board to take a "hard look" at the decision before it leaves the station. Additional details about the project can be found in the brief, a copy of which is available here.

Photo credit: Debris Flow Covering Eastbound Lanes of I-70 in Glenwood Canyon, July 3, 2021: Grizzly Creek Flooding and Debris Flows, U.S. GEOLOGICAL SURV. (Aug. 24, 2021), https://bit.ly/3yTRqdA