Expansion plans In 1997, DM&E announced plans to expand into the
Powder River Basin (PRB) in
Wyoming and provide
unit coal train service from that area. DM&E would become the third railroad to tap into the coal deposits in the region. DM&E's expansion would require the construction of of new track, upgrading of existing track (including all of the railroad's mainline track in Minnesota), new mainline connections at
Owatonna, and
Mankato, Minnesota, and three new
rail yards.
Initial approval The STB approved the application on December 10, 1998, pending completion of an
Environmental Impact Statement (EIS), which was released by the STB on September 27, 2000. An analysis of the plan by Minnesota's Dakota, Minnesota and Eastern Railroad Working Group in 2001 showed support among customers and freight shippers, but DM&E's expansion plan led to complaints among residents in communities along the railroad's right-of-way.
Further legal actions After a period of public comment that lasted until March 16, 2001, and further review by the STB, the final EIS was issued on November 19, 2001. In this approval, the STB agreed with DM&E that no new bypasses around cities would be required even though the cities of Rochester, Minnesota,
Brookings and
Pierre, South Dakota, had requested them. In 2003, a ruling by the
United States Court of Appeals for the Eighth Circuit ordered the STB to re-examine potential environmental issues around Rochester. The STB's preliminary report, released in early 2005, noted that no additional steps were needed by the railroad to alleviate noise and vibration caused by the projected increase in train traffic. The court upheld the STB's approval with stipulations for the new line's environmental impact, including the projected increase in the frequency of
train horn soundings along the line. From the court's ruling, the STB issued a Supplemental Environmental Impact Statement which set forth mitigation strategies for the railroad. On February 15, 2006, the STB announced its final approval of the railroad's 1998 application. In April 2004,
United States Court of Appeals for the Eighth Circuit upheld a lower court's actions in overturning part of South Dakota legislation passed in 1999 (two years after the railroad first announced its intentions to expand) that would have impaired railroad operations and construction in the state. The decision restored the legal process by which the railroad could effectively force landowners along the proposed new route to sell their land to the railroad.
Funding With the final EIS in place and approval from the STB, DM&E had the authority to undertake the expansion as proposed, but needed financing. On February 26, 2007, the FRA rejected a proposed $2.3 billion loan to DM&E. In announcing the decision, Administrator
Joseph H. Boardman noted that the project proposal met many federal requirements for the loan but cited concerns that the railroad might not be able to handle cost overruns during construction or to repay the loan after construction was completed. == 2002–2007: consolidation with IC&E ==