Fracking Railway Petitioner, Government Say Lower Court Ruling Must Be Reversed

( November 20, 2024, 2:05 PM EST) -- WASHINGTON, D.C. — The petitioners who seek reversal of a lower court ruling that held that the Surface Transportation Board (STB) failed to adequately examine the risk of wildfires and the impact on groundwater posed by the construction of a proposed rail line in Utah that would carry products related to hydraulic fracturing to and from the shale formation in the Uinta Basin have filed a reply brief in the U.S. Supreme Court, arguing that reversal of the lower court’s decision is required because that ruling “went well beyond the project’s legal relevant effects and demanded consideration of non-proximate and non-environmental effects.”  The same day, the U.S. government filed a reply brief that supports the petitioners but differs slightly in that it argues that the petitioners “go too far to the extent they ask this Court to impose the same standard of proximate cause that applies in tort suits.”...

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