Lawsuit won’t halt rail construction

MAT-SU — A federal court has once again declined to halt construction on the rail line to Point MacKenzie while a lawsuit over the project plays out.

The ruling Monday from the U.S. 9th Circuit Court of Appeals upheld the district court’s ruling and also declined to enjoin work on the project pending the resolution of the lawsuit.

The ruling doesn’t end litigation over the project. The original lawsuit, brought by plaintiffs Cook Inletkeeper, the Sierra Club and Alaska Survival over is still pending before U.S. District Judge Ralph Beistline in Anchorage.

The lawsuit regards whether a U.S. Army Corps of Engineers permit to build in wetlands was properly issued.

Basically, the court ruled, the Corps of Engineers acted correctly when it approved rail lines plans for mitigating impacts to wetlands.

“The Corps assessed the impact outside the project footprint and imposed special conditions in the permit requiring the incorporation of culverts and bridges that would maintain ‘natural wetland drainage and inundation patterns’ and would not interfere with fish passage,” the ruling says. “The Corps reasonably determined that such culverts and buildings can be effective in maintaining wetland hydrology, and the record supports the conclusion that the surrounding wetlands will be sufficiently benefitted by those conditions to avoid irreparable harm while this case is pending.”

Patty Sullivan, spokeswoman for the Mat-Su Borough, which is building the extension with millions of dollars in state money and in partnership with the Alaska Railroad, said in a press release that the rail line will involve eight bridges and up to 100 culverts.

Contact Andrew Wellner at 352-2270

or andrew.wellner@frontiersman.com.