I'm curious to know why Wasco County is making a ruling based upon "treaty rights", which is a treaty between the various tribes and the U.S. Government and NOT the County. The County should never take that into consideration but rather its own laws. The Tribes can file with the STB which would be the appropriate forum.

And UP could just as easily agree to build some kind of overpass or underpass, or other access, to preserve the tribe's access to the river to fulfill their treaty rights; however since UP is also not a party to that treaty the tribes should seek such accommodation from the U.S. Department of the Interior. In which case, the STB could say "sorry, but it isn't our job to enforce a treaty with the U.S. Government, your treaty isn't with UP, so we cannot deny."

I hope UP files a federal lawsuit claiming a violation of the Interstate Commerce Clause. Or...just ignore it and build the second main track anyways. What is Wasco County going to do?