Mont. coal railroad upheld; opponents file new challenge

BILLINGS, Mont. (AP) A federal transportation panel has rebuffed a bid to block a long-delayed rail line into southeastern Montana's coal fields. But opponents filed a new legal challenge to the project through a federal appeals court.

The Surface Transportation Board approved the final section of the 130-mile Tongue River Railroad on Oct. 9. The $341 million project is designed to tap into the region's vast but largely undeveloped coal reserves. It also would create a more efficient route for coal coming out of Wyoming.

Ranchers, the Northern Cheyenne Tribe and environmental groups have fought against the rail line for decades. They claim it would cause excessive environmental damage and harm livestock producers.

In October, opponents asked the transportation board to suspend the rail line's approval.

The board denied that request in a Nov. 7 decision. It said the railroad's environmental impacts had been "fully considered" before approval.

A request to the 9th Circuit Court of Appeals to review the board's approval was filed Nov. 1. It was filed on behalf of the Northern Plains Resource Council, Tongue River rancher Mark Fix and the United Transportation Union.

Mike Gustafson, the Billings businessman promoting the railroad, predicted the latest appeal would not stop his project. By AP Writer MATTHEW BROWN (Copyright 2007 by The Associated Press. All Rights Reserved.) APNP 11-12-07 1845CST | save this article / add to your favorites list