ROCHESTER, Minn. -- The Mayo Clinic and the city of Rochester
went to court on February 5 to challenge the expansion of the
Dakota, Minnesota & Eastern Railroad, the St. Paul Pioneer Press
reports.
They filed petitions with a federal appeals court
in Washington, D.C., to reverse the Surface Transportation Board's
approval of the expansion.
"We honestly believe that the
future of the city of Rochester is at stake," said Dr. Hugh Smith,
chairman of the Mayo Clinic-Rochester Board of Governors. "It's just
too important not to go this last mile."
Reversals of the
federal agency's decisions are rare, but not unprecedented,
Rochester City Attorney Terry Adkins said.
"It will be a
difficult task ahead of us, there's no question," he said.
Rochester and Mayo object to the plan on environmental and
safety grounds because the project would route several coal trains a
day through the city. The STB rejected their requests that the
railroad be required to build a bypass around the city.
DM&E President Kevin Schieffer said he was disappointed
but not surprised by the appeal. He said neither the city nor the
clinic was willing to negotiate over their differences.
"We
offered to meet with both the Mayo Clinic and the city of Rochester
and they didn't even want to meet to discuss it, so I don't know how
you negotiate with something like that," Schieffer said. "Their
position seems to be, 'It's our way or no way,' and that's certainly
their prerogative. From our standpoint, we're confident in our
position."
Schieffer said he plans to hold a public meeting
in Rochester to discuss the issue and explain the railroad's
position to the community, but he had not set a date or venue.
The petitions for review are essentially an appeal of the
STB's approval granted to the DM&E. The District of Columbia
Circuit Court of Appeals, which handles appeals of federal agency
decisions, will review the written arguments, and possibly hear oral
arguments, from both sides before issuing a decision. It could be a
lengthy process in a saga that's already more than 4 years old.
While the case is pending, DM&E can proceed with work,
but "they do so at their own risk and their lenders' risk," Adkins
said.
The city and Mayo expect to be joined soon by others
challenging the STB decision, which was issued last week. Adkins
said the cases likely will be consolidated.
The Brookings,
S.D.-based railroad has proposed upgrading 600 miles of line in
Minnesota and South Dakota, while adding 280 miles of new track to
link up with Wyoming coal fields. The DM&E would haul coal from
Wyoming across South Dakota and southern Minnesota to the
Mississippi River. The project is expected to cost $1.4 billion and
would be one of the largest railroad construction projects in the
nation's recent history.
The DM&E line runs through
Rochester and several other Minnesota and South Dakota communities
before ending outside Winona.
Rochester has spent almost
$700,000 fighting the project, and Mayor Chuck Canfield said
Rochester officials "remain committed" to stopping it.
"This
has always been an uphill battle," Canfield said. "(But) quitting
our efforts is not in the best interest of the community and the
citizens we were elected to represent and protect."