What does the STB consider when reviewing an application for a new rail line to be built?
Under 49 U.S.C. 10901(c), the STB must approve a proposal to construct or operate a rail line unless the STB finds that such activities are inconsistent with the “public convenience and necessity” (a broad public interest standard under which the STB weighs the transportation need or benefits against any kind of harm likely to result). Historically, the agency has evaluated whether there is a public demand or need for the proposed service; whether the applicant is financially able to undertake the construction and provide rail service; and whether the proposal is in the public interest and will not unduly harm existing services. The interests of shippers are accorded substantial importance in assessing the public interest. Safety and environmental concerns are also considered and weighed against transportation concerns in evaluating the public interest. What does NEPA require? The National Environmental Policy Act (NEPA) requires federal agencies to examine the potential environmental
