[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Notices]
[Page 11706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5493]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33407]


Dakota, Minnesota & Eastern Railroad Corporation Construction 
Into the Powder River Basin

    In a decision served January 30, 2002, the Board gave approval to 
the Dakota, Minnesota & Eastern Railroad Corporation to construct and 
operate a 280-mile rail line into the Powder River Basin of Wyoming. 
The Board imposed extensive conditions to mitigate certain anticipated 
adverse environmental impacts, and also established an environmental 
oversight period. On appeal, the United States Court of Appeals for the 
Eighth Circuit vacated and partially remanded the Board's decision. Mid 
States Coalition for Progress v. STB, 345 F.3d 520 (8th Cir. Oct. 2, 
2003). The court upheld the Board's decision with respect to all 
transportation issues, but remanded the case for further Board review 
on certain environmental issues. Petitions for rehearing of the court's 
decision were denied on January 30, 2004. Accordingly, the Board will 
address the remanded issues consistent with the decision of the court 
of appeals.

    Dated: March 3, 2004.
Vernon A. Williams,
Secretary.
[FR Doc. 04-5493 Filed 3-10-04; 8:45 am]
BILLING CODE 4915-01-P