ELR Citation: 43 ELR 20016
No(s). 12-70218 (9th Cir. Jan 23, 2013)

The Ninth Circuit denied a petition challenging the Surface Transportation Board's (STB's) decision to grant an exemption and authorize a railroad company to build railroad line extension between Port MacKenzie and Wasilla, Alaska. The proposed rail line will pass through the waters and wetlands of the Susitna Lowland that provide a home to wolves, bear, foxes, salmon, and other wildlife. The STB's EIS for the project complied with NEPA. The purpose and need statement was adequate; the agency considered all viable, reasonable alternatives; and the EIS contained a detailed, thorough, and thoughtful discussion of the wetlands impacts and mitigation measures. In addition, it was not arbitrary, capricious, an abuse of discretion, or contrary to law for the STB to grant the company an exemption under 49 U.S.C. §10502 of the Interstate Commerce Commission Termination Act from the full licensing procedures required by §10901. And substantial evidence supported the STB's findings favoring its grant of the exemption.