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Railroad Faces Fines for Environmental Violations

The FCC Wireless Bureau warned Union Pacific Railroad UP was found in violation of the National Environmental Policy Act and laws. The railroad built and operated a 120-foot tower in West Matoon Creek, Kansas, in a floodplain “without first performing…

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the required environmental and historic preservation review,” the bureau said in the warning letter. The bureau said the railroad also had committed to allowing observers from the Osage Nation to observe construction because of the tribe’s concerns about impacts on tribal resources associated on two major trails: the Missouri River Trail and the Osage Trace. “UP committed to accommodate a monitor to address the Osage Nation’s concerns,” the bureau said. “Despite that commitment, construction proceeded without notice to the Osage Nation,” with no observer present, it said. “Based on our investigation, we find that UP violated the Commission’s regulations implementing NEPA and other environmental statutes … as well as related licensing requirements,” the bureau said. “Future violations may result in additional action, including the imposition of monetary penalties. … Furthermore, UP’s conduct at issue in this letter may provide grounds for an upward adjustment in the amount of a penalty.” The railroad didn't comment Wednesday.