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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board announced today its approach for the
continuation of the Tongue River Railroad Company, Inc.'s (TRRC) revised
proposal to build and operate a new rail line in Montana. This approach
takes into account a number of recent changed circumstances and will allow
the Board to complete its review of TRRC's current plans for a new railroad
line.
In
December
2011, the U.S. Court of Appeals for the Ninth Circuit issued a decision
affirming
in part the Board's decisions in two of the three Tongue River cases,
while
making
it
clear
that
TRRC
may not
build
any
part of
the
Tongue
River
Railroad
without further environmental review. TRRC also recently announced
revised
plans
for the
location
of the line and a change in ownership of the railroad and stated that the
purpose
and
need
for the
proposed
line have changed. Accordingly, the Board is requiring TRRC to file a
revised
application
that presents fully TRRC's new proposal to build a rail line between Miles
City
and
Ashland.
The agency will conduct a new environmental review of that plan
consistent
with the Ninth Circuit's decision regarding these cases.
In
addition,
the Board is dismissing the Tongue River proceedings concerning related
lines
that
TRRC no
longer
intends
to
construct.
Today's
decision
in
Tongue
River
Railroad
Company—Rail Construction and Operation—In Custer, Powder River and
Rosebud
Counties,
MT, Docket No. FD 30186
( http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/42434?OpenDocument )
;
Tongue
River
Railroad
Company—Construction and Operation—Ashland to Decker, Montana
,
Docket
No. FD
30186
(Sub-No.
2); and in
Tongue
River
Railroad
Company—Construction and Operation—Western Alignment
,
Docket
No. FD
30186
(Sub-No.
3) is available for viewing and downloading at the Board's website at
www.stb.dot.gov
. The
Ninth
Circuit's
decision is
Northern
Plains Resource Council v. STB
, 668
F.3d
1067
(9th
Cir.
2011).
###
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