Unanswered Questions--a report by TRAC

Draft Report, Surface Transportation Board complete document

See map of some existing and proposed construction projects related to regional rail traffic.

Read the response to STB from the Barringtons

UPDATES

Saturday, 7/26/08, Chicago Tribune, front page: "A federal report on Friday raised the specter of frustrated motorists facing lengthy delays at 15 rail crossings in a dozen communities, but concluded that passenger service would not be impaired if a railroad that winds through Chicago's suburbs is sold. The long-awaited report also identifies 10 communities—among them Barrington, Joliet, Mundelein and Chicago Heights—where a tripling or quadrupling of freight traffic would severely hamper police, fire and emergency medical response. Full story

Draft Environment Impact Statement of the Surface Transportation Board regarding the Canadian National acquisition of the EJ&E line. Read it and weep. Full story

Or, if you cannot wade through it, public officials did (or had their people read it for them), and they have commented:

7/25/08: “Congresswoman Melissa Bean (IL-08) sharply rebuked the Surface Transportation Board for the draft environmental impact statement released today in its consideration of Canadian National’s proposed purchase of the EJ rail line.” Full story

 “In the eleventh hour of the Bush Administration, his appointees on the STB have put Canadian National ahead of the interests of millions of Americans.’ Full story

7/26/08, Chicago Tribune front page: “A federal report on Friday raised the specter of frustrated motorists facing lengthy delays at 15 rail crossings in a dozen communities, but concluded that passenger service would not be impaired if a railroad that winds through Chicago's suburbs is sold. The long-awaited report also identifies 10 communities—among them Barrington, Joliet, Mundelein and Chicago Heights—where a tripling or quadrupling of freight traffic would severely hamper police, fire and emergency medical response. Full story

Wednesday, July 23, 7pm, Waubonsie Valley High School's Gold Campus (map it) 1305 Long Grove Drive, Aurora. Under the umbrella of The Regional Answer to Canadian National (TRAC) Coalition, the City of Naperville, along with the City of Aurora and the Village of Plainfield, will be hosting a call to action meeting regarding the proposed Canadian National (CN) Railway acquisition of the Elgin, Joliet  Eastern (EJ) Railway. Learn more

PREVIOUSLY

CN's lengthy report on CN's opinion that the STB needs to reach decision by end of 2008. We warned you, long, really long.

Fight Rail Congestion email Call to Action, 4/23/08. "So, we are asking YOU to act as a “truth squad responder” in holding CN’s feet to the fire by following stories on-line in your local papers and responding to the CN mythology each and every time you see it.  Write from your heart and you will be part of a force that CN can’t match with its manufactured spin." Full email

Open Letter to CN Shareholders meeting in Chicago, 4/22/08 "As you gather at the Peninsula Hotel and listen to the officers and directors of Canadian National Railway discuss the state of the business that you partially own, we urge you to be change agents in pressing your corporate management to find a reasonable balance between profit and its corporate responsibility for being a good neighbor in the communities in which CN operates." Full text

Rep. Melissa Bean activated her congressional colleagues and sent a joint letter on March 17 to the STB opposing the acquisition of the EJ by Canadian National Railway. Bean was joined by Reps. Jerry Costello, Don Manzullo, Judy Biggert, Tim Johnson, Peter Roskam and Bill Foster in the letter opposing the deal.

See our video interviews from the Jan. 8 Forum

Chief Jeff Lawler, Barrington Police Department See video

James Kvedaras, Canadian National See video

See our video interviews from the Feb. 11 Forum

Deborah Barry interviewed a number of people at the forum. Videos of those interviews are posted at the Deer Park Neighbors' Channel at YouTube. Seven interviews are currently available. If you would like to be interviewed, please email Deer Park Neighbors.

Important Links

Official Opposition

We have requested a copy of Deer Park's impact statement; we were told that President Gifford is working with the Fight Rail Congestion group. It if vital that the specific impacts on Deer Park, its residents and businesses, be communicated. There will be another period of Public Comments further into the STB process. In the meantime, we encourage individual Deer Park residents to prepare their statements and send them to public officials at every level. HERE is a great example, prepared by Betty and Larry Lincoln of Barrington.

Position statement in favor of acquisition, from Chicago Metropolis 2020, 1/28/08

President John Tolomei and the Village of Lake Zurich comments 1/25/08

Resolution Village of Hawthorn Words 1/22/08

Barrington's Comments on Draft Scope to STB, 2/15/08

Community Action Briefing Download

CUSD 95 on school impacts

Resource Pages

the STB's Docket 35087 page, outlining the process and progress of the Environment Impact Statement inquiry

Surface Transportation Board web site

Environmental Impact Study online, an exclusive website referencing this transaction

Canadian National Railway Company web site

Canadian National News Media page

Elgin, Joliet and Eastern Railway Company web site

BurbFeeder, a local blog of the Luby Group's Real Estate

Barrington Communities Against CN Rail Congestion web site

Blog about it:
Stop CN Trains
Train of Consequences

Maps

MAP OF REROUTE OF
CN VIA EJ&E

CLICK MAP Mr. Harrison struck a deal last fall to purchase the only available bypass on the periphery of Chicago's railroad network: the little-used Elgin Joliet & Eastern Railway.

MAP OF GRADE CROSSINGS

CLICK MAP for details: Where are the railway track crossing for vehicles that are at the same level as the roadways (as opposed to over- and underpasses.

MAP OF ANTICIPATED CHANGES TO RAIL VOLUMES

CLICK MAP for details: Many of you have been asking about the proposed Canadian National acquisition of the EJ&E railway line, with the attendant increase in the frequency and length of freight traffic passing through this region.

TAKE ACTION

You can still educate yourself and speak out. Deer Park…we don't have our own zip code, we don't have our own police force, but we do have voices!

Pick up yard signs at Barrington Public Safety Building at 400 N. Northwest Highway

Read an Issue Summary by the Barrington Communities Against CN Rail Congestion

Read the statement of CN President and CEO E. Hunter Harrison

Send your specific comments to the STB, clearly delineating your opposition and reasons. HERE is a great example, prepared by Betty and Larry Lincoln of Barrington

Surface Transportation Board
395 E Street, SW
Washington DC 20423
Attn: Phillis Johnson-Ball
Environmental Filing
STB Finance Docket No. 35087

[from fightrailcongestion.com] It is important that your communications to the STB be as specific as possible in discussing your concerns and how you are impacted. If you are concerned about your child walking from Point A to Point B with increased freight traffic, tell the STB so! The STB staff needs to know when they do their review of the region’s impacts that they cannot rely upon plugging in equations and generalized assumptions, but that the region has some unique concerns based on our “on the ground” realities.

The Legal Battle over CN

2008_02-08 by email from FIghtRailContestion.com:

With the recent announcement that CN is going to begin running its freight trains on the EJ starting March 4, it is crucial that concerned residents of the region understand the legal appeals process that is taking place.  By its very nature, the legal efforts do not lend themselves to public involvement, so it is easy for people to come to the erroneous conclusion that there is nothing left for us to do but accept an untenable level of freight traffic on the EJ.  This is NOT the case and that is why TRAC communities are contributing to a legal defense fund that will enable us to have our "day in court."

The Legal Timeline  "Win Scenario":

On or about February 23 (60 days after the December 24 STB decision to approve the transaction) all the parties that wish to appeal the decision must have filed either a petition for review with the United States Court of Appeals for the D.C. Circuit or a petition to intervene in one of the current cases.  Those wishing to appeal file something called a "docketing statement" that simply allows the Court to categorize the type of case that is before it and has no bearing on the merits.

Shortly thereafter, it is anticipated that the Court of Appeals will establish a briefing schedule that will govern the filing of all legal documents before the Court.  The schedule will establish the date on which the Petitioners, which include the TRAC communities, will be required to file their opening brief.  The schedule will likely require the STB and the CN, known as Respondents, to file their brief in response thirty days after the Petitioners file their opening brief.

Petitioners will then be able to file their Reply briefs.  The briefs, which contain the legal arguments that support the positions of the parties, are limited in length by the Federal Rules of Appellate Procedure.  After all briefs have been filed, the Court will set a date for oral argument.  After hearing argument and reviewing the briefs, the Court will issue its written decision.  We don't expect that the Court would issue its decision until the end of summer at the earliest.
Right now, the TRAC communities as a group (and in some cases individually) have some of the best rail and environmental attorneys in the nation working daily to represent us in this process and provide us with the compelling legal arguments that can lead to success in the Appeals Court.  

In seeking judicial review, we are hopeful that at the very least, the Court will agree with TRAC that the STB failed to impose adequate conditions and that it will remand (return) the proceeding to the STB for further review and the imposition of meaningful conditions.  If that were to be done, CN, instead of the communities, would be required to pay its fair share of the cost of mitigating the environmental harms that will flow from the STB's approval of the transaction.  

The Court may or may not choose to "stay the decision" if it remands it to the STB -- tell CN that it has to stop all activities that resulted from the STB decision approving the transaction, including any construction projects and running any CN freight traffic on the EJ.

Throughout the legal process, we will keep you posted on what is occurring by sending out e-blasts to people who have signed up on the www.fightrailcongestion.com website as well as posting the information and relevant documents there.  The TRAC communities know that we are representing you in this matter, so we will do everything possible to help you understand how your interests are being defended.  So, stay tuned because we are not yet at the "end of the line," but just into the next phase of the marathon race to defeat a transaction that is toxic for our region!

Background News Stories

Lake Zurich Courier, 7/31/08 "Villages that will be impacted by Canadian National Railway Company's acquisition of the Elgin, Joliet and Eastern Railroad spoke out against the acquisition at last week's Breakfast with the Villages, hosted by the Lake Zurich Area Chamber of Commerce." Full story

Daily Herald, 7/30/08 "On second thought, the Canadian National Railway isn't thrilled with a report by federal regulators on its request to purchase the EJ&E railroad.…Tuesday, the company's CEO Hunter Harrison went further, saying he was disappointed by the federal board's analysis, suggesting staff was using questionable standards for deciding what crossings would benefit by grade separations, one of the most expensive ways of remedying safety concerns." Full story

Draft Environment Impact Statement of the Surface Transportation Board regarding the Canadian National acquisition of the EJ&E line. Read it and weep. Read the report Or, if you cannot wade through it, public officials did (or had their people read it for them), and they have commented:

Lake Zurich joins TRAC (The Regional Answer to Canadian National), by approving an intergovernmental agreement. They also committed $10,000 to Trac’s fight. Full story

Associated Press, 4/22/08 "Several uburban leaders have formed an organization called The Regional Answer to Canadian National, or TRAC, to stop the railroad's planned $300 million purchase of the Elgin, Joliet & Eastern Railway's 198-mile arc of tracks around Chicago. Canadian National would use the tracks to bypass Chicago's congested rail hub, and speed freight movement across the country." Full story

Chicago Tribune, 4/22/08 "Suburban leaders fighting the Canadian National Railway's plan to boost freight train traffic through their communities bolstered their ranks Tuesday and called on Congress to force the railroad to pay to lessen the trains' impact or else help stop the deal." Full story

Chicago Tribune, 4/22/08 "When Canadian National Railway Co. meets with investors Tuesday in Chicago, one notable exception will be missing from the list of accomplishments it can rattle off since last year's annual meeting in New Brunswick: its $300 million acquisition of key operations of the Elgin, Joliet and Eastern Railway Co." Full story

Daily Herald, 4/12/08 "It's not a collision course yet, but Metra leaders are wary of the Canadian National Railway's plans to purchase the EJ&E railroad." Full story

Morningstar online, Tues, 4/22/08, CN annual meeting of shareholders in Chicago "MONTREAL, QUEBEC -- (MARKET WIRE) -- 03/19/08 -- CN (TSX: CNR) (NYSE: CNI) will hold its 2008 annual meeting of shareholders in Chicago, Ill., on April 22, 2008. The meeting, at the Peninsula Chicago, Grand Ballroom, 4th Floor, 108 East Superior Street, will start at 10 a.m. Central Time. CN will provide an audio webcast of the proceedings via the Investors section of its website, www.cn.ca/investors." Full story

AP Texas News, 4/2/08 online "WASHINGTON — Following a string of train accidents in recent years, railroad tank cars carrying hazardous materials must be replaced, rebuilt stronger and travel at slower speeds over half of the nation's tracks under new federal proposals." Full story

Barrington Courier, 3/27/08 "U.S. Representatives Don Manzullo, R-16th, Melissa Bean, D-8th, and Bill Foster, D-14th, are continuing to put pressure on Canadian National Railway and the U.S. Surface Transportation Board about the company's proposed purchase of the EJ & E Railroad." Full story

Daily Herald, March 20, 2008 "Although the village of Wayne is a relatively small town, it is getting ready to make some big noise about the proposed buyout of the Elgin, Joliet and Eastern rail line by the Canadian National Railroad." Full story

Daily Herald, March 18, 2008 "Any downside of Canadian National's proposed buyout of the Elgin, Joliet and Eastern rail line has been overstated, the firm says, asserting the move would benefit the region overall." Full story

NWI Times, March 18, 2008 "Canadian National Railway Co. is complaining of "exaggerated" claims of negative environmental impacts by those opposing its proposed purchase of the EJ&E Railway." Full story

Money.CNN.Com, March 17, 2008 " CN (TSX: CNR) (NYSE: CNI) today said that the controversy around the purported environmental impacts of its proposed EJ&E acquisition appears to be exaggerated and is not conducive to a sound public interest review of the transaction. Legitimate concerns around traffic delays at crossings and other environmental impacts will be thoroughly analyzed based on objective standards as part of the comprehensive Environmental Impact Study process launched by the Surface Transportation Board (STB). Pending development of the facts by the STB's Section of Environmental Analysis (SEA), there appears to be no basis for many of the demands being made for environmental mitigation." Full story

Barrington Courier, March 13, 2008 "Canadian National railroad officials indicated last week they will consider a track-sharing arrangement along the Elgin, Joliet & Eastern Railway among a range of options to salvage plans for Metra's planned suburb-to-suburb STAR Line." Full story

Barrington Courier, Thursday, 3/13/08 EDITORIAL "Most people in the know expect Canadian National Railways' proposed acquisition of the EJ & E Railroad to be OK'd. There are too many powerful people, such as U.S. Rep. Jan Schakowsky, D-9th, and Chicago Mayor Richard Daley, favoring the acquisition for it not to go through. So, it is important is that tough requirements on minimizing negative community impact be in place for the sale to CN to go through." Full story

Post Tribune, Thursday, March 12, 2008 " PORTAGE -- A Griffith town council member is trying to hook up cities and towns in Indiana and Illinois that oppose the proposed Canadian National Railway purchase of the EJ&E Railroad. Stan Dobosz of Griffith told the Northwestern Indiana Regional Planning Commission Transportation Policy Committee on Tuesday that he has been working with Dyer, Schererville and Merrillville against the CN purchase plans that were the subject of a recent meeting of 16 cities and towns in the EJ&E corridor." Full story

Chicago Tribune, Monday, March 10, 2008 "If dozens of freight trains were blasting through your neighborhood every day, you'd probably complain too. And so, folks in a ring of outer suburbs, from Waukegan, down through Barrington, Elgin and Joliet, and over to Gary, are beefing about a proposal to turn an underused railroad bypass around Chicago into something of a freight superhighway. But in the usual game of winners and losers, Chicago and inner suburbs are cheering because they see the plan as deliverance from the same trains that now rumble through their neighborhoods. " Full story

Barrington Courier, Thursday, 3/6/08 "Add two members of the Illinois Congressional Delegation to the list of opponents to Canadian National's plan to purchase the Elgin, Joliet & Eastern Railway. U.S. Sen. Dick Durbin, D-Ill., and U.S. Rep. Melissa Bean, D-8th, previously described their positions on the potential rail deal as "cautious" and "concerned," but last week they ratcheted up the rhetoric in a joint letter to Canadian National President E. Hunter Harrison." Full story

Pioneer Press, Thursday, 3/6/08 Online "Canadian National railroad officials indicated Thursday they will consider a track-sharing arrangement along the Elgin, Joliet & Eastern Railway among a range of options to salvage plans for Metra's planned suburb-to-suburb STAR Line." Full story

Chicago Tribune, 3/5/08 "The Canadian National Railway Co. should pay the entire cost of building overpasses to eliminate blocked crossings in the suburbs along the rail line it wants to buy, opponents of the deal said Tuesday. Even if it takes billions of dollars for dozens of overpasses, Canadian National should be required to put up all the money because the Montreal-based railroad would be the prime beneficiary, leaders of Barrington Communities Against CN Rail Congestion said at a meeting with the Tribune's editorial board." Full story

Chicago Tribune, 2/29/08 "Increased train traffic on a line in western DuPage County could severely damage forest preserve plants, animals, air and water, the county's Forest Preserve District told a federal agency in a letter." Full story

Daily Herald, 2/29/08 "DuPage County Forest Preserve officials may pose a stumbling block in the path of the Canadian National Railway and its plans to purchase another area rail line. The district is expected to formally notify Canadian National Railway next week that it cannot acquire or use a 1-acre parcel of land in Pratt's Wayne Woods Forest Preserve in its plans to reroute freight traffic around Chicago." Full story

Daily Herald, 2/29/08 "DuPage County Forest Preserve leaders say they will deny a request from Canadian National Railway to buy a sliver of the Pratt's Wayne Woods Forest Preserve." Full story

The HeraldNews, 2/28/08 "WASHINGTON – U.S. Sen. Dick Durbin of Illinois joined Congresswoman Melissa Bean in voicing their current opposition to Canadian National Railroad’s (CN) proposed purchase of the EJ&E line, and requested a meeting with company president E. Hunter Harrison to demand details of the proposal." Full story

The HeraldNews, 2/25/08 "PLAINFIELD -- The village has joined a growing list of communities speaking up about the possible Canadian National Railway purchase of the Elgin Joliet and Eastern rail line." Full story

The CourierNews, 2/22/08 "SCHAUMBURG -- Unless the governor and General Assembly get their acts together, Illinois stands to lose billions of dollars in federal money that could pay for improved roads and rail service, two of the state's congressional members warned northwest suburban government and business leaders Thursday." Full story

Post-Tribune, 2/21/08 "GARY -- A recent meeting between the federal Surface Transportation Board and U.S. lawmakers from Indiana has Canadian National Railroad listening. But it's up to Northwest Indiana's municipalities to keep up the momentum, U.S. Rep. Peter J. Visclosky stressed on Wednesday." Full story

Naperville Sun, 2/19/08 "The Naperville Area Homeowners Confederation is the latest group to express concerns about Canadian National Railway's proposed takeover of the Elgin, Joliet & Eastern Railway." Full story