Holding up the coal-to-China railroad, also known as the Tongue River Railroad (TRR), was the best thing to happen in eastern Montana in a long time. In late December, the Ninth Circuit Court of Appeals ruled that much of the decision-making to permit the railroad was "arbitrary and capricious," which is legal language for "they did a lousy job."

This ruling proves that it is illegal to carelessly blaze ahead with projects that would industrialize an entire agricultural valley and use condemnation on Montana landowners to secure private property for a right-of-way in order to send coal to China without first taking a careful look at the environmental impacts.

The permitting agency, the federal Surface Transportation Board (STB), did what we call a "windshield study" - it's almost as if they drove around and looked out the car window and based their analysis on that. It's not fair to landowners like me who could be condemned by this railroad.

The Ninth Circuit ruling means that the TRR cannot proceed with right-of-way acquisition, eminent domain condemnation, or construction of any type until a competent examination of how an enormous new coal mine at Otter Creek and the railroad that would haul the coal out would affect water and air quality, wildlife, and the human environment. Before this railroad even considers moving forward it must go back to "square one" and conduct a new environmental impact statement that also considers the fact that much of this coal is now destined for Asia instead of the Upper Midwest markets, which was the original justification for the railroad.

The ruling means STB:

• Must now look at how the enormous impacts of the proposed Otter Creek coal mine factor into their thinking about whether this project is worth it (Otter Creek would be two-and-a-half times bigger than any mine in Montana and the biggest new mine proposed in the lower 48 states today);

• Cannot rely on stale data, some of which is more than 30 years old;

• Must study how the TRR and coal mine affects the Miles City Fish Hatchery, sage grouse, pallid sturgeon, and other troubled wildlife species;

• Must look at how the water pollution, groundwater loss, and air pollution from nearby coalbed methane development all adds up as to how this valley and its residents will be impacted.

Years ago the TRR sent landmen to my ranch seeking a right-of-way through my property. They made sure I knew they had the power of eminent domain and could take my land if they wanted.

My neighbor and I tried to get along with them. My neighbor asked them to make him an offer. They offered him $100 per acre for a 40-acre strip, three miles through his ranch. So, for $4,000, they could wreck his ranch by separating it from the river (his source of water), start fires, spread weeds, and make it a major challenge to move cattle requiring culverts under the railroad. If I ever wanted to sell my land it would be worth far less with a railroad between most of my ranch and the river.

Needless to say, no easements have been purchased on the TRR route. It is plain to me that some believe farmers and ranchers are expected to bear the brunt of all the negative effects of the railroad, Otter Creek coal, and coal bed methane.

If you live near a railroad, you can expect an additional 40-50 trains a day heading to and from the West Coast where the coal will be placed on ships and exported overseas.

Otter Creek should never be mined and the Tongue River Railroad never built. Shipping coal to China does nothing for America's energy independence. The Surface Transportation Board needs to go back to "square one."

Mark Fix is past chair of the Northern Plains Resource Council, and his ranch southwest of Miles City would be crossed by three miles of the proposed Tongue River Railroad.

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