Regulators scold Union Pacific for lack of cooperation

The ruling says UP has until Nov. 29 to produce documents the board says the railroad did not provide and to address other deficiencies regarding a log of documents the railroad says are covered by a claim of privilege and copies of email with insufficient information, such as dates and the author’s name. And it reinstates a schedule requiring submissions from UP and other interested parties on the “anticipatory demolition” question. Those submissions are due by Dec. 16, with replies by Jan. 13.

The board does not hide its unhappiness with UP. The decision says that “because UP’s conduct thus far has already caused delays in this proceeding, no extensions” of a Nov. 29 deadline to address those deficiencies will be granted “absent extraordinary circumstances that are outside of UP’s control,” and in a footnote says “UP is cautioned to respond with greater clarity and accuracy to any such future orders in Board proceedings.”

The strongest words, however, come in a concurrence from Board Chairman Robert Primus. He says the decision “serves as another example of UP’s inability to adhere to the Board’s guidelines and to provide timely and appropriate responses to Board orders.” Responding to Vena’s concerns about delays, he writes, “The Board takes disturbing and desecrating ancestral sacred lands extremely seriously and will not compromise the time needed to thoroughly investigate this matter” adding, “if Vena needs another reason why this matter has been delayed, he, again, has only his organization to blame, this time for its sloppy responses to the documents requested. … UP’s negligence caused the initial delay of this project and its ineptitude further exacerbated it.”

The full decision is available here.