021359P.pdf   10/02/2003  Mid States Coalition  v.  STB
   U.S. Court of Appeals Case No:  02-1359
                          and No:  02-1863
                          and No:  02-1804
                          and No:  02-1794
                          and No:  02-1792
                          and No:  02-1785
                          and No:  02-1767
                          and No:  02-1482
                          and No:  02-1481
   Agency   
   Petition for Review - decision of Surface Transportation Board. Petition 
   for review decision to approve construction of 280 miles of new rail line 
   to reach coal mines of Wyoming's Powder River Basin and to upgrade 600 
   miles of existing rail line in Minnesota and South Dakota is affirmed in 
   part and reversed and remanded in part. Environmental analysis was 
   sufficient as to affect of noise receptors, noise measurement, assumptions 
   about night travel, use of aerial photos, impact of passing sidings, data 
   to determine traffic effects, ground vibration, ground water contamination, 
   delay to emergency vehicles, air quality, environmental justice analysis, 
   and rejection of proposed bypass, but deficient as to the explanation 
   why mitigation of horn noise was unwarranted and the combined effect of 
   both noise and vibration. The decision not to reopen the case was not 
   error; the contingent approval on consultation with others did not violate 
   NEPA, decision to focus on southern alignment was not unreasonable. 
   The decision failed to address the reasonably foreseeable increase in 
   coal consumption and should be addressed on remand, and the Board 
   should incorporate new findings on construction costs in its financial 
   analysis. Board must resolve issues relating to historic preservation 
   before issuing its final decision. The Fort Laramie Treaty of 1968 was 
   not violated.