JUNEAU, Alaska (AP) — A federal appeals court panel has halted work on a railroad extension project in south-central Alaska, pending a full hearing on the case.
Monday's decision is a win for conservationists, who argued that they — and the natural environment — would suffer irreparable harm without an emergency stay on construction of the Port MacKenzie rail extension.
"As noted above ... this is a classic environmental emergency," attorneys for the petitioners said in a court filing last month seeking the stay. "The bulldozers have already arrived and project construction is underway or imminently so."
A divided three-judge panel found there is a "serious question" as to whether the U.S. Surface Transportation Board complied with a federal environmental law in determining the purpose and need of the extension. Attorneys for the petitioners — the Sierra Club, Alaska Survival and Cook Inletkeeper — have argued that an environmental review by the board was inadequate and that the board "merely parroted" the purpose and need for the project articulated by the Alaska Railroad Corp.
The dissent, written by 9th Circuit Court Judge Carlos Bea, said the petitioners had failed, in his opinion, to exhaust their request for a stay before the board and had not shown why doing so would have been impracticable. "On this analysis alone, the motion to stay should be denied," Bea said.
Oral arguments in the case were set for next month.
A spokesman for the Surface Transportation Board said the board is aware of the order but has no comment. A spokesman for the state-owned Alaska Railroad referred calls to the Matanuska-Susitna Borough; the project is a joint effort of the railroad and borough.
Borough spokeswoman Patty Sullivan said attorneys were weighing their options, including a potential appeal of the stay. If not for the stay, she said three contracts would be on the street so she said the ruling is disrupting over 200 jobs immediately.
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