DNR Wins Lawsuit Over Rail Expansion Process In La Crosse

A circuit court judge ruled in favor of the state Department of Natural Resources in a lawsuit over the expansion of railroads in La Crosse.

Citizens activists filed the lawsuit in March 2015 claiming DNR officials didn’t fully evaluate the environmental impacts of adding a second railroad track through the La Crosse River marsh.

But La Crosse Circuit Judge Scott Horne found that DNR officials did follow state guidelines before issuing a building permit to BNSF Railway. The company finished building the second track last September.

In his decision, Horne said the plaintiffs did have “valid concerns,” but rail regulation issues are “outside the purview of the DNR.” He said the department “does not have the authority to deny BNSF’s permit” based on concerns over increased train traffic and the possibility of a derailment.

Maureen Freedland, one of the plaintiffs and a member of Citizens Acting for Rail Safety, said she thinks these issues are important in understanding the overall impact of the second track.

“There’s more consideration that needs to be done because the marsh of course feeds into the river and there are environmental impacts downstream that we thought needed to be looked at as well,” Freedland said.

A DNR official said the department is “pleased with the decision” because it affirms that officials fullfilled “DNR’s obligations under state statutes.”

Freedland said she and the other plaintiffs haven’t decided whether they will appeal the court’s decision.