PWF first covered the Uinta Basin rail P3 project because, if it ever happens, it would be the first new freight rail line built in the United States in at least three decades. The proposed 88-mile line in Utah made significant predevelopment progress as a public-private partnership in 2021 and 2022, but it is currently halted under a federal injunction. This month, the project will argue its case before the Supreme Court, with significant implications for infrastructure permitting in the United States.
Guidance, Lawsuits, and Guidance Lawsuits
It has been a tumultuous couple of years for anyone keeping track of what the National Environmental Protection Act (NEPA) requires for environmental studies on major infrastructure projects. This summer, the Biden Administration’s Council on Environmental Quality (CEQ) completed a “Phase 2” rulemaking revamping the federal guidance for implementing NEPA. The guidance included a plethora of new changes. It was the third rulemaking modifying NEPA guidance that the Biden Admin has made in its single presidential term. Twenty states immediately sued to block the rulemaking.
