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Schedule & Review Process

Environmental Review Process

The National Environmental Policy Act (NEPA) process is intended to identify and assess potential environmental consequences of a proposed activity before a decision on that proposed activity is made. The Surface Transportation Board’s (Board) Office of Environmental Analysis (OEA) is responsible for ensuring that the Board complies with NEPA and related Federal, state, and local environmental statutes.

Steps of the Environmental Review Process

  • NOI (Notice of Intent) – November 12, 2021
  • Scoping – November 2021 – January 2022
    • Public Meetings – November 30 - December 9, 2021
    • Scoping Comment Period – November 12, 2021 – January 3, 2022
  • Final Scope of Study – February 18, 2022
  • Draft EIS – August 5, 2022
  • Comment Period on Draft EIS including Public Meetings – August 12, 2022 – October 14, 2022
  • Final EIS – January 27, 2023 [Access the Final EIS]
  • Board's Decision on Acquisition – Winter 2023

Note: Schedule subject to change as the project progresses. Please check back for current available information.

Notice of Intent (NOI)

The NOI is a document prepared by the Board that states the intent to prepare an Environmental Impact Statement (EIS). The NOI provides information about the next steps of the environmental review process, including scoping meetings. The NOI for this project was published November 12, 2021 and is available on the Documents page.

Scoping

Scoping is an open process for determining the breadth of environmental issues to be addressed in the EIS. The scoping process includes public and agency meetings to provide the opportunity to share their interests and concerns. Members of the public and agencies can submit written comments to OEA during the scoping period. After the close of the comment period, OEA reviews all comments received and then issues a final scope of study for the EIS. The Final Scope of Study for the EIS was published February 18, 2022 and is available on the Documents page.

Draft EIS

OEA prepared a Draft EIS pursuant to the National Environmental Policy Act (NEPA) and related laws, including Section 106 of the National Historic Preservation Act. The Draft EIS analyzes the potential environmental impacts of the Proposed Acquisition, including impacts associated with increased rail traffic and the 25 planned capital improvements. OEA also considered the No-Action Alternative, which would occur if the Board were to deny authority for CP to acquire KCS. Under the No-Action Alternative, OEA anticipates that rail traffic would only increase on the CP and KCS networks as a result of general economic growth and that the Applicants would not add the planned capital improvements.

The Draft EIS is available for viewing and downloading. OEA invited public comment on all aspects of the Draft EIS through October 14, 2022. OEA held three online public meetings and four in-person public meetings during the comment period at which members of the public could provide oral comments on the Draft EIS.

Final EIS

OEA has prepared a Final EIS addressing comments received on the Draft EIS from the public and agencies, and made revisions as needed. The Final EIS can be viewed here »

Issuance of the Final EIS completes the Board’s environmental review of the Proposed Acquisition.

Board's Decision on Acquisition

The Board will issue a final decision on the Proposed Acquisition that will take into account the entire record, including the environmental record. In making its final decision, the Board will consider the Draft EIS, the Final EIS, any public and agency comments received, and OEA’s recommendations, including recommendations for potential environmental mitigation.