Defenders of the Black Hills
From the Surface Transportation Board, Washington, D.C.
SURFACE TRANSPORTATION BOARD ISSUES FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT ON DAKOTA, MINNESOTA & EASTERN POWDER RIVER BASIN EXPANSION PROJECT
The Surface Transportation Board announced today that its Section of Environmental Analysis (SEA),in cooperation with five Federal agencies (the U.S. Department of Agriculture, Forest Service; the U.S. Department of Interior, Bureau of Land Management; the U.S. Army Corps of Engineers; the U.S. Department of Interior, Bureau of Reclamation; and the U.S. Coast Guard), has issued a Final Supplemental Environmental Impact Statement (Final SEIS) on the Powder River Basin Expansion Project proposed by the Dakota, Minnesota & Eastern Railroad (DM&E).
Issuance of this Final SEIS completes the Board's environmental review process. The Board now will make a final decision on the proposed project. .In accordance with the regulations of the President's Council on Environmental Quality, no agency decision on the proposed action may be made until 30 days after EPA publishes its Notice of Availability of the Final SEIS. In the interest of bringing this matter to closure, the Board will act promptly following the required waiting period.
The Final SEIS issued today may be viewed and downloaded by clicking this hotlink: Dakota, Minnesota & Eastern Railroad Corporation Construction; into the Powder River Basin, STB Finance Docket No. 33407
http://www.stb.dot.gov/decisions/readingroom.nsf/51d7c65c6f78e79385256541007fO580/ad8e61563124a21e852570e4006d3cee?OpenDocument].
The Final SEIS is available for viewing and downloading via the Boards Website at Final SEIS, under E-Library, then under Decisions & Notices, beneath the date 12/30/05.
For further information, telephone SEA's DM&E Final SEIS project manager, Victoria Rutson, at (202) 565-1545. A printed copy of the Final SEIS also is available for a fee by contacting ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706, telephone (202) 306-4004, or via Final SEIS.
Federal Fact Sheet
Dakota, Minnesota &Eastern Railroad Corporation Construction into the
Powder River Basin, STB Finance Docket No. 33407
After the Board gave final approval to the Powder River Basin Expansion Project in 2002, various parties sought judicial review. In MidStates Coalition for Progress v. STB, 345 F.3d 520 (8th Cir. 2003), the court upheld the Board with respect to all of the transportation issues and most of the environmental issues that were raised. However, the court directed the Board to give further consideration to four environmental issues: whether mitigation for increased. horn noise is warranted; the relationship between vibration and horn noise; potential increased coal usage and related air emissions that could result from this project; and ensuring that the Programmatic Agreement governing the historic review is executed.
This Final SEIS reflects SEA's independent analysis on the four issues remanded (returned to the Board) by the court and incorporates input from agencies, Tribes, organizations, environmental groups, businesses, and members of the general public. It also responds to the comments received on the Draft SEIS, which was issued on April15, 2005, and presents SEA final conclusions and mitigation recommendations, should the Board decide to again approve the Powder River Basin Expansion Project.
The Final SEIS has been mailed to key reviewing agencies, Tribes, elected officials, parties of records, and other interested citizens. It is also available for review in the reference section of over 90 public libraries. The entire document can be found on the Board’s Web site.
DEFENDERS FACT SHEET ON THE DM&E RAILROAD PROJECT
Jan. 2006
1. This proposed new rail line through the Powder River Basin is entirely within
the Fort Laramie Treaty Territory. The DM&E's plans to build a new railroad along the
Cheyenne River and into the Powder River Basin is a direct violation of the Fort Laramie
Treaties of 1868 and 1851, and a violation of the Constitution of the United States,
Article VI. It is also a violation of the March 3rd Act of 1871, a federal law.
2. In the process of the Environmental Impact Study, a three day meeting was
conducted at Rosebud. Hundreds of Tetuwan (Lakota) people testified before the federal
agency representatives. Although requests were made for translators for the comments
that were given, the Final Environmental Impact Statement only said that comments
were given in a "foreign" language when it was the Lakota language. This action violated
the Civil Rights of all who commented in the Lakota language without the benefit of
translation. English was never determined to be the dominant language at the
meetings.
3. Currently two railroads already haul 'stolen' coal out of the Powder River Basin.
The .process of strip mining the coal is polluting the air and carrying acid rain in any
precipitation over the Black Hills, western South Dakota, and onward to the East. All of
these concerns were given to the Surface Transportation Board.
4. Furthermore, Kevin Schieffer, the CEO for DM&.E Railroad, was asked in person
if the company would be hauling back hazardous or radioactive wastes in the 38-40
mile-long coal trains that would be returning from Minnesota after dropping off the coal.
He replied that they were a transportation company and would haul whatever they were
paid to haul.
5. The Mid-States Coalition of ranchers would not let any archeologists on their
places with the concurrence and blessing of many Native American people. The
Programmatic Agreement that the Surface Transportation Board wants the Tribes to sign
will allow the destruction of any burial and sacred sites in the path of the railroad. There
are hundreds of such sites including unmarked massacre sites that we do not want to be
exposed and exploited, let alone destroyed and desecrated. There are consequences for
the disturbance of such places.
6. The DM&E Railroad has been on the verge of bankruptcy for a number of years.
That is why they wanted to build this new line in the first place. They have been turned
down by private investors because their operation is unsound. Now they are requesting
the Federal Railroad Rehabilitation and Improvement Financing Program (RRIF)to give
them a loan for $2.5 billion! This is from the federal taxes ordinary working people pay
every year. Unfortunately, SD Sen. John Thune is helping them.
Please contact SD Senator Tim Johnson and Representative Stephanie Herseth and ask them
to do everything they can to stop this dangerous, unhealthy, and illogical plan.
Click here to Find your Representatives
Defenders of the Black Hills
Contents
January 2006 Reports
Last updated on January 25, 2006