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9th Circ. Revives Decades-Old Navajo Nation River Policy Suit
Law360 (April 28, 2021, 7:10 PM EDT) The Ninth Circuit on Wednesday reversed an Arizona federal judge s dismissal of a Navajo Nation suit against the federal government, ruling that the tribe deserves to redo its complaint requesting reconsideration of how much Colorado River water states could receive.
The Navajo Nation in 2003 sued multiple federal agencies the U.S. Department of the Interior, U.S. Bureau of Reclamation and U.S. Bureau of Indian Affairs claiming they violated the National Environmental Policy Act and trust duties by not considering the tribe s water rights to the Colorado RIver.
While electrification might suit such transportation modes as trucking, many say rail might not be a good fit.
Much of the effort to decarbonize the U.S. freight rail industry has focused on the use of battery-electric or hydrogen-powered locomotives. The industry is also looking into increasing network capacity via technology as a way to improve rail service and encourage more volumes to rail from truck.
But should the electrification of the freight rail network be viewed as another way the industry can reduce greenhouse gas emissions and address climate change?
Within the freight rail community, that answer might be “no” because of the high costs associated with electrifying the rail network. Others say that decarbonizing freight rail must include efforts toward electrification. Meanwhile, pro-environmental interests appear to be prioritizing curbing the transport of potentially explosive materials, such as liquefied natural gas (LNG), over freight rail electrification.