WASHINGTON — Union Pacific and steelmaker Commercial Metals Co. have asked federal regulators to continue their review of a proposed 6-mile branch in the Phoenix area.
The Surface Transportation Board halted the environmental review process for the Pecos Industrial Rail Access Train Extension, or PIRATE, on Aug. 31 after the discovery of what it said were “significant ground disturbance and damage to archaeological resources in the area of the proposed right-of-way.”
The proposed line would connect UP’s Phoenix Subdivision main line to industrial properties near the Phoenix-Mesa Gateway Airport.
CMC’s lawyers, in a regulatory filing this week, said the STB should continue its review while the disturbance matters are sorted out. The company built its mill in the industrial area in anticipation of receiving rail service via the new line.
“Based upon CMC’s review of the publicly available documents, CMC is not aware of any evidence that UP intentionally destroyed historic resources or allowed such activities for the purposes of avoiding the historic review process,” CMC’s lawyers wrote in a filing with the STB. “However, in the event the Board does find that UP engaged in anticipatory demolition, it should not be fatal to the proposed exemption. The Board can and should issue the exemption and allow the project to proceed if it ‘determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant.’”
CMC said the rail line will reduce its transportation costs while reducing truck traffic and greenhouse gas emissions in the area. “In the end, the community will be stronger economically and likely healthier if cargo can be shifted from the local roads and highways to the new rail line,” CMC’s lawyers wrote.
In its filing this week, Union Pacific said that several factors — including poor communication and a lack of awareness by railroad staff — contributed to the third-party ground disturbance on UP property.
“Union Pacific deeply regrets the harm to historic and cultural resources that occurred here due to the third-party ground disturbances and is committed to cooperating with the Board and reforming its internal processes to ensure such disturbances do not occur in the future,” UP told the board.
UP said it had no intention of avoiding National Preservation Historic Act requirements and, in fact, had been working closely with the STB’s Office of Environmental Analysis for more than two years before learning that construction activity on property abutting the UP right of way had disturbed railroad property.
“Union Pacific respectfully urges the Board to resume its environmental and historic review of the PIRATE project and approve Union Pacific’s petition for exemption in this proceeding with appropriate environmental mitigation measures,” the railroad told the STB.
Putting the cart before the horse is not good business practice:
“The company built its mill in the industrial area in anticipation of receiving rail service via the new line.”
Bulldoze first, ask questions later. UP is also employing poor business practices:
“poor communication and a lack of awareness by railroad staff”
To add some clarification Gregg, the mill has had a presence at the industrial park since 2010 and has expanded over time. So this is essentially a truck served mill that is looking to get rail service, especially after a recent larger expansion.