RJ
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Well this was a pleasant bit of news, no doubt about it. I wonder how many more appeals can be filed?
Hopefully the loan issue will be decided soon as well.
Good news for DM&E.
Unfortunately, if the procedures in the US are roughly like they are over here in Holland, they shot the bear, but have yet to get its fur...
Anyway, every step counts right? DM&E: ON TO COAL COUNTRY!
Depending on how this appeal was handled, it will still be a while or longer before DM&E can begin applying to the banks for loans guaranteed by the United States Treasury. If the appeal was heard by a three-judge panel, this decision can be appealed to the full Court of Appeals. If the full Court made this decision, it may be appealed the Supreme Court. The Supreme Court has the option of deciding whether it will hear the case or not. If not, the decision of the Court of Appeals stands.
CSSHEGEWISCH wrote: Depending on how this appeal was handled, it will still be a while or longer before DM&E can begin applying to the banks for loans guaranteed by the United States Treasury. If the appeal was heard by a three-judge panel, this decision can be appealed to the full Court of Appeals. If the full Court made this decision, it may be appealed the Supreme Court. The Supreme Court has the option of deciding whether it will hear the case or not. If not, the decision of the Court of Appeals stands.
I think it is pretty likely that this is the end of it. From my--admittedly limited--knowledge of the case, this is not the kind of thing the Supreme Court grants cert for. An en banc hearing for the 8th Circuit is possible, but unusual.
Gabe
gabe wrote:I think it is pretty likely that this is the end of it. From my--admittedly limited--knowledge of the case, this is not the kind of thing the Supreme Court grants cert for. An en banc hearing for the 8th Circuit is possible, but unusual. Gabe
I agree. I don't see that there are constitutional issues at stake here, so the Supreme Court isn't going to even give it a first look, much less a second look.
The opponents, including the Mayo Clinic and the city of Rochester, argued the transportation board didn't properly evaluate the environmental impact of the plan to expand rail traffic from Wyoming's coal fields to eastern Minnesota through Rochester.
The court ruled that the board had based its latest approval on expanded environmental studies and imposed mitigating conditions on the project, some regarding quiet zones where the coal trains wouldn't sound their horns.
"We're obviously very pleased with the results today," said Kevin Schieffer, chief executive officer of the DM&E. "It's important from the standpoint that, obviously, it's another milestone that has been passed."
The board first approved the project in 2002, and the case has bounced back and forth between the regulators and the appeals court in St. Louis ever since.
The Rochester Coalition, which includes the clinic and the city, issued a statement saying it was reviewing the court's decision and considering its legal options. It said would continue to fight the expansion.
"We remain firmly committed to doing everything possible to protect the people of Rochester and the many thousands of patients who visit our community to seek care at Mayo Clinic," the statement read.
The $6 billion project would build about 280 miles of new track and upgrade another 600 miles of it. The railroad is awaiting word from the Federal Railroad Administration on its application for a $2.3 billion loan. The decision is expected in early 2007.
The Mayo Clinic has been the most implacable foe of the project, which would result in long coal trains running through Rochester and near its hospitals. The clinic claims it would be nearly impossible to evacuate many patients if there was a rail accident.
The clinic and its allies have also criticized the railroad's safety record and questioned its ability to repay the loan.
The railroad counters the project would improve the Midwest economy by lowering shipping prices, would improve safety along the track, that Mayo's beds are several blocks away from the tracks and the loan is fully secured by collateral.
(This item was distributed Dec. 29, 2006, by the Associated Press.)
COOL!! so when will the construction begin?
RRFoose wrote:Assuming there are no more snags in the road, and everything procedes as planned, how long could it be until construction starts? Are there any timetables set concerning total construction time also?
More than likely, the construction will start in earnest when the collective lawyers fees equal the cost of construction...
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