The Glenwood Springs City Council discussed the proposed Uinta Basin Railway during its meeting Thursday, highlighting concerns over environmental risks to Colorado. 

The project, an 88-mile rail extension in Utah, would transport waxy crude oil from the Uinta Basin to Gulf Coast refineries, raising concerns about potential spills and wildfire hazards along the Colorado River corridor and through Glenwood Springs.

The proposal is backed by the Seven County Infrastructure Coalition (SCIC), a Utah-based group made up of Carbon, Daggett, Duchesne, Emery, Sevier, Uintah, and San Juan counties that has been focused on large infrastructure projects and has been a key advocate for the Uinta Basin Railway. The SCIC helped coordinate funding and permitting for the railway, which they see as a way to create jobs and increase tax revenues in the region. 

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City Attorney Karl Hanlon provided an update on the city’s role in opposing the project and its involvement in a case which on Tuesday went before the U.S. Supreme Court. The Surface Transportation Board (STB) approved the railway in 2021 after conducting an Environmental Impact Statement (EIS). However, Hanlon criticized the analysis as incomplete.

“The STB is in charge of making the determinations on whether that is okay or not,” Hanlon said during Thursday’s City Council meeting. “They conducted an EIS which was very limited in scope and left out a lot of the potential damage that could be done, while acknowledging that there would be regular accidents and spills as a result of this train. They didn’t take into account any of those impacts that would have occurred, say, if one of those cars derailed in the Glenwood Canyon in the Colorado River, serving most of the western United States drinking water.”

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Hanlon explained that Glenwood Springs joined other local governments, including Boulder, Eagle and Grand counties, to file an amicus curiae brief with the U.S. Supreme Court in October. The brief emphasizes the importance of the National Environmental Policy Act (NEPA) in giving local governments a voice in federal projects.

“This case revolves very much around the application of the National Environmental Policy Act, NEPA, and how it relates to us as local governments,” Hanlon said during Thursday’s City Council meeting. “Our ability to impact these large federal projects and the requirement that they talk to us about what is happening and what could happen to our communities.”

The Supreme Court’s decision could redefine NEPA’s application, particularly regarding whether agencies must consider environmental impacts beyond their direct jurisdiction. Hanlon acknowledged the city’s uphill battle, given the court’s conservative majority.

“Our likelihood of success is extremely low at the U.S. Supreme Court,” Hanlon said during Thursday’s City Council meeting. “We have focused in this brief primarily on the impacts to local governments and the importance of the process that NEPA provides us to be able to discuss and argue and mitigate potential risks of large projects.”

Hanlon’s comment about the low chance of success was explained further by Assistant City Attorney Richard Peterson-Cremer, who spoke with the Post Independent. He said Supreme Court rulings are often complicated and don’t always have clear winners and losers. While advocates for the railway are likely to win some parts of the case, like issues about oil being burned at Gulf Coast refineries, there’s still hope for a partial win. Peterson-Cremer said the justices might agree that local impacts, like more oil trains passing through Glenwood Canyon, should be included in environmental reviews under NEPA.

Hanlon further explained that the city had hoped Supreme Court Justice Neil Gorsuch, a Colorado native, might support their arguments. However, Hanlon informed the council that Gorsuch recused himself from the case due to his previous ties to Colorado billionaire Phil Anschutz. Anschutz, known for his conservative politics, is connected to Anschutz Exploration Corporation, an oil and gas company that filed a brief supporting the petitioners.

“I would note that he seems to be the only U.S. Supreme Court justice who has recused themselves because of their relationship with anybody, whatever it’s worth,” Hanlon said. “I think that speaks highly of both Gorsuch and also a disappointment that he stepped off on this case, because it was really, truly our hope that he would be one of those justices that would understand the importance.

Peterson-Cramer noted how the recusal of Gorsuch further complicates the matter now that the supreme court will be facing an eight person vote rather than nine.

“If it’s a split decision, like a 4-4 vote, the lower court ruling stands,” Peterson-Cramer explained. “In this case, that would mean the D.C. Circuit’s decision, which invalidated the railroad’s permit, would hold up, and that would be considered a win for Glenwood Springs.” 

Peterson-Cramer emphasized that even if the SCIC wins, it doesn’t mean they can immediately start building the railway. 

“They don’t necessarily get to go and just build the railroad if they win this case,” Peterson-Cramer said.

Council members expressed gratitude for the city’s leadership in organizing the coalition and praised the bipartisan effort among local governments. Hanlon highlighted the city’s long-standing commitment to protecting regional resources, citing past successes like Grand County’s involvement in the Moffat Firming Project as evidence of NEPA’s importance.

“This is a continuation of that kind of leadership on the Western Slope,” Hanlon said during Thursday’s City Council meeting. “It impacts literally millions of lives.”