Group Suing DNR Over La Crosse Rail Expansion Has First Day In Court

Work On Project Continues Despite Legal Challenge

By
Maureen McCollum/WPR

A group of La Crosse area residents suing the state Department of Natural Resources over a La Crosse rail expansion project had their first day in court on Thursday.

Members of Citizens Acting for Rail Safety argue that the DNR may not have followed state laws when it issued a permit to BNSF Railway to add a second track in the city’s marsh. A La Crosse judge will look at two issues separately — whether existing DNR rules are valid, and whether the agency should conduct a more comprehensive environmental impact statement.

Work will be done on the rail expansion project even as its construction is being challenged in court. CARS member Maureen Freedland said the state is dragging out the case, and that construction could be finished by the time anything is decided in court.

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“We regret that they won’t allow the community, the citizens who are very concerned, to really challenge their decisions and to really ask if the type of environmental analysis that needs to be done is being done,” said Freedland.

An attorney with the Department of Justice said they’re following state law.

A attorney with Midwest Environmental Advocates, who is representing the citizens group, said they’re considering whether or not to ask the judge to halt construction.