The U.S. Supreme Court has decided not to review a ruling from last fall which claims the Alaska Railroad’s Seward loading system violates the federal Clean Water Act.
The 9th Circuit Court of Appeals ruled in September 2014 that incidental coal falling from the loading facility is not allowed under the railroad’s stormwater discharge permit.
Alaska Railroad spokeswoman Stephanie Wheeler gave some background to the ongoing litigation from the Alaska Community Action on Toxins and the Sierra Club.
Wheeler: “Plaintiffs originally made three Clean Water Act claims relating to the coal loading facility in Seward. One related to coal dropping off the conveyor as it moved onto the ship. Another related to dust blowing off the coal pile and landing on the ocean and another one was snow with coal dust on it being plowed off the dock. The Alaska District Court dismissed all three of those claims. The plaintiffs only appealed on one of those claims and that was the one involving coal falling off the conveyor.”
She said that since the beginning of the litigation the railroad has invested hundreds of thousands of dollars in the coal loading facility.
Wheeler said although railroad administration is disappointed with the supreme court’s decision, they will be going back to the Alaska district court level.
Pam Miller with the Alaska Community Action on Toxins said the decision is good news for public health.
*Photo credit: R. Smeriglio of Seward City News*