The latest news on the acquisition of the EJ&E Rail Line by Canadian National
TRAC focusing on STB seat
President Obama will appoint new member
TRAC, The Regional Answer to Canadian National, is focused on the necessity of filling the third STB Board seat that has been vacant since March. Getting this seat filled by President Obama is a major goal as the vacancy is impacting the region's interests on three fronts. First, the Illinois Commerce Commission currently has an appeal on file with the STB on a provision of the decision approving CN’s acquisition of the EJ&E. Without a third Board member in place, the STB is not likely to rule on that appeal. That, in turn, impacts TRAC’s legal appeal of the STB decision approving the transaction before the United States Court of Appeals for the D.C. Circuit. The Court has ruled that it will hold off on any further action on our appeal until the STB has ruled on the appeal matter before it. Essentially, the vacant Board seat may be holding TRAC and the region in legal limbo and we are greatly concerned that “justice delayed, is justice denied.” Finally, we have asked the STB to appoint an independent monitor to audit the problems CN's traffic is causing on the EJ&E as it has failed to come clean with the whole truth. Absent the third Board member to weigh in on the matter, CN's under-reporting of problems continues unchecked (as evidenced with the latest CN report that was filed with the STB earlier this week.)
So, concerned members of the Illinois Legislature have weighed in on TRAC's behalf with the hope that Washington is listening. State legislators and area mayors held a press conference in Springfield this week to highlight a Senate resolution – S.R. 273 &8211; that urges President Obama to fill the vacancy on the Surface Transportation Board quickly with an appointee who understands community impact concerns and the necessity of mitigating the impacts of integrating rail freight into communities. Further, it informs the President that the State of Illinois, including the Department of Transportation, will show preference in the programming of railroad funds and rail-to-road grade separation project funds to projects where the federal Surface Transportation Board has ordered a private entity to partially fund improvements necessary to mitigate impacts at significantly affected grade crossings. This latter part of the resolution means that the Illinois legislature is trying to insure that CN will not be relieved of its STB-mandated obligation to pay for a large part of the costs for the grade separation projects in Aurora and Lynwood due to a failure to secure the public funding match.
S.R. 273 is sponsored by Senators Linda Holmes (D-Aurora), Pam Althoff (R-Crystal Lake) and Randy Hultgren (R-Naperville). Also supporting the resolution are State Representatives Linda Chapa LaVia (D-Aurora), Chris Lauzen (R-Aurora), Darlene Senger (R-Naperville), Mike Connelly (R-Naperville), and House Republican Leader Tom Cross of Oswego. State Senator Dan Duffy (R-Barrington) was also in attendance.
What can you do to help out at this point? Contact President Obama’s office and ask that his team move rapidly to appoint a community-oriented Board member at the STB! You can contact President Obama’s office by e-mail at http://www.whitehouse.gov/contact/. We need to get the wheels of government grinding in the favor of communities that are left with the onerous burden of living with freight traffic without anyone making the needed investment to mitigate the harms!
Online Railroad Complaint Form Now Available
With additional freight trains now running along the EJ&E Railroad as a result of Canadian National Railway’s (CN’s) recent acquisition of the track, the City of Aurora would like to inform residents that a new online railroad complaint form is available for the public to register railroad-related complaints with the U.S. Surface Transportation Board (STB).
Complaints may be submitted via the web site www.fightrailcongestion.com. The online complaint form will allow TRAC (The Regional Answer to Canadian National) to monitor where the region is experiencing difficulties with freight traffic on the railroad line. The City of Aurora is a member of TRAC, which is a coalition of various municipalities, townships, and counties that are impacted by an increase in freight traffic on the railroad. Complaints registered with the STB may provide information that the agency can act upon as part of a five-year monitoring and oversight period, which was established as a condition of approval for the rail acquisition transaction.
Register complaints at www.fightrailcongestion.com
Trains start rolling March 4
Opinion piece published in The Beacon News, March 3, 2009
By Tom Weisner and Karen Darch, co-chairs of the TRAC Coalition
On March 4, Canadian National Railway (CN) began increasing train traffic along the EJ&E Rail Line, which stretches 198 miles throughout the Chicagoland area. The Regional Answer to Canadian National (TRAC) coalition represents citizens in more than 30 suburban communities strongly opposed to this rail acquisition due to the significant safety, economic and environmental impacts to the region. Throughout the process, CN has disputed many of the concerns TRAC has brought to bear; and, in most cases, dismissed them outright as rhetoric. Yet, with aptly named “monster trains” poised to roll through our neighborhoods in less than one week, coupled with the lack of effort by CN to brace communities for this dramatic change, it will be quite easy for the region to differentiate between rhetoric and fact.
Throughout the deliberations, CN has stated its interest in working with communities to ease the burden associated with the increase in freight train traffic. So, what processes have been put in place to mitigate our concerns and help our communities cope?
No progress has been made towards installing the mandated cameras designed to monitor crossings so emergency responders will know if freight trains are blocking an intersection. CN has not implemented the required noise and vibration measures to insulate residents from the 300 to 400 percent increase in freight traffic. The region’s first responders have been told by CN they will need to wait until fall to receive training on how to deal with hazardous materials that will be routed through our neighborhoods. School children near EJ&E lines will walk to school without the promised pedestrian safety measures.
Whether you agree or disagree with the merits of this transaction, the lack of real action to implement the required safety measures underscores our ongoing criticism surrounding the proposed transaction. Although CN was quick to announce the movement of trains on the EJ&E once the decision was approved, it has been remarkably quiet on explaining its timeline for implementing crucial mitigation measures. CN has failed to fulfill its promises of corporate responsibility and community cooperation. In fact, TRAC’s recent reasonable request that CN representatives attend a meeting to discuss the status of implementing the mandated safety measures was declined.
In the coming days, CN will be increasing the amount of freight traffic running on the EJ&E and the impacts to affected communities will be felt immediately. There are many questions about the true long-term ramifications left unanswered, while the unfulfilled CN promise for cooperation in easing the burden on residents has not inspired a lot of confidence moving forward. That is why the TRAC Coalition continues to oppose this transaction publicly and has taken the battle to the U.S. Court of Appeals.
Between the federal stimulus package, the state’s capital bill and the pending reauthorization of the federal highway bill, an enormous amount of money is being dedicated to infrastructure in Illinois.
At the same time, monster trains will start rolling through our communities tomorrow without any of the required mitigation in place.
Tom Weisner, mayor of Aurora, and Karen Darch, village president of Barrington, are co-chairs of the TRAC Coalition.
CN wants to pay less for overpass
Railroad says there’s no precedent for the 67 percent requirement
February 24, 2009
By ANDRE SALLES, The Beacon News
Canadian National Railway Company filed an appeal in federal court on Monday, challenging a mandate that it pay the majority of costs for two rail crossing upgrades, one of them in Aurora.
When approving CN’s $300 million deal to buy the Elgin, Joliet and Eastern rail line two months ago, the federal Surface Transportation Board imposed a few conditions — including that the company would pay 67 percent of improvement costs at Ogden Avenue in Aurora, and 78.5 percent of similar costs at a crossing in Lynwood (south of Calumet City near the Indiana border).
But the company, citing years of precedent, believes it should only bear about 5 to 10 percent of the burden for these crossings, and has asked a judge to agree.
Aurora signs up for EJ&E appeal
January 28, 2009
By ANDRE SALLES, The Beacon News
On Tuesday, aldermen unanimously agreed to join in on an appeal of Canadian National Railway's proposed purchase of the Elgin, Joliet and Eastern rail line.
But what they were really saying is this: the fight isn’t over, and we’re in it for the long haul.
The City Council voted to give The Regional Answer to Canadian National, a coalition of suburban communities dedicated to fighting the acquisition, permission to include the city in a complaint filed with the U.S. Court of Appeals earlier this month.
Aldermen also agreed to spend an additional $7,500 for legal fees associated with this appeal.
This will be on top of the $10,000 Aurora already has spent with TRAC during its year-plus battle against Canadian National. The company wants to divert the majority of its freight trains from the crowded Chicago rail system and onto the suburban EJ&E. This would quadruple the number of trains barreling through some areas, but CN has consistently argued that the deal would be good for the Chicago region as a whole.
Last week, Naperville approved a similar resolution, and that city will contribute $7,500 to the effort as well. The combination of the two cities, in the words of Aurora Alderman Rick Lawrence, adds up to “a pretty big dog on the street.”
Aurora officials were emboldened by the Illinois Commerce Commission, who last week filed a petition with the federal Surface Transportation Board, requesting they reconsider their approval of the deal. The STB approved the transaction in December, after studying the potential impacts for a year.
But the ICC’s executive director, Tim Anderson, believes that study did not go far enough. His letter takes the board to task for not performing detailed studies on potential traffic problems, issues at intersections with signals, pedestrian safety and other issues.
“The ICC concurs with our contentions that this study was badly done and rushed through the process,” said Aurora Mayor Tom Weisner. “It supports the idea of us pursuing it further, because we are correct, and we have been correct.”
Additionally, Anderson disagreed with the idea that an overpass at Ogden Avenue in Aurora could begin construction by 2015. Anderson believes more time — at least five more years — would be needed for proper planning.
CN must pay 67 percent of the estimated $50 million cost of that overpass, but the remaining money must come from public funds.
Additional trains will roll on EJ&E next month
February 3, 2009
By DAN CAMPANA, The Beacon News
Here they come.
Canadian National Railway officials on Monday began notifying areas along its newly acquired tracks that four to six additional trains are expected to begin rolling through beginning March 4. It is the first step in what CN officials are calling a three-year process to shift their trains from the clogged Chicago rail system and onto the suburban Elgin, Joliet and Eastern rail line.
Feds OK EJ&E Sale
Silver lining for Aurora: Canadian National must pay two-thirds of cost to improve Route 34 crossing
December 25, 2008
By ROWENA VERGARA, The Beacon News
The $300 million sale of the Elgin, Joliet & Eastern rail line to the Canadian National Railway was approved Wednesday, despite a year-long battle by area communities to stop the deal.
The approval announced by the federal Surface Transportation Board does have a bright side, however: Canadian National will have to pay more for improvements at a key Aurora rail crossing.
Report: Ogden Crossing will need upgrading if EJ&E is sold
November 20, 2008
By DAN CAMPANA, The Beacon News
Only one of Aurora's train crossings on the Elgin, Joliet & Eastern Railway line should be separated if Canadian National brings more trains to the area, federal officials said this week.
During a lengthy update on a final environmental study of the possible sale of the EJ&E tracks, a traffic congestion official said the adverse impact of additional trains crossing Ogden Avenue on Aurora’s far east side is enough to require a fix, such as a bridge or overpass.
Final study on CN’s proposed purchase nears
By Bethany Krajelis, Kane County Chronicle
Nearly 5,000 people attended public meetings and more than 9,000 comments were made on the draft environmental impact study of Canadian National Railway’s proposed purchase of the Elgin, Joliet and Eastern Railway.
But even though two-thirds of those comments were made in opposition to the acquisition, Aurora Mayor Tom Weisner said he got mixed signals from the Surface Transportation Board, which will ultimately make the final decision on the issue.
Federal Court Denies Expedited Ruling on CN Request
Associated Press
CHICAGO - Canadian National Railway will have to wait for a decision on its request to purchase a Chicago-area rail line it wants to use to reroute suburban freight traffic.
A federal appeals court in Washington ruled Monday (Nov. 10) that the U.S. Surface Transportation Board doesn’t have to issue a decision by Dec. 1 per Canadian National’s request.
Approval of Canadian National’s purchase of the Elgin, Joliet & Eastern Railway Co. remains pending with federal regulators.
CN said in a statement Tuesday that it’s disappointed with the court’s decision but remains committed to the deal.
The court wrote that a quick decision is only necessary in “extraordinary situations” and Canadian National’s request doesn’t qualify.
Shares of Canadian National Railway fell 73 cents, or 1.7 percent, to close at $42.20 in Tuesday trading.
Background
In fall 2007, the Canadian National Railway Company (CN) announced their proposed acquisition of the Elgin, Joliet & Eastern Railway Company (EJ&E). The EJ&E runs along the eastern boundary of the city. In November 2007, the Surface Transportation Board (STB) determined that the proposed acquisition would be classified as a “minor” transaction, as opposed to a “major” transaction, but would require an Environmental Impact Study (EIS). The major/minor classification was based on impacts to the railroad industry, not local community impacts.
Following is a map of the railroad and its crossings:
- EJ&E Map (PDF 1.14 MB)
CN anticipates rail traffic will increase from 15.7 to 42.3 trains per day on the railroad segment adjoining the city. Since increased train traffic will present community challenges and impact quality of life, Aurora city staff has been involved in all related processes since the inception of the pending railway transaction.
What Are the City's Concerns?
Based on meetings and discussions, the city's main concerns include:
- Street traffic congestion due to increased train traffic
- Train noise and impacts on the city's proposed Quiet Zone designation
- Affect on wildlife habitat
- Impacts on the proposed STAR Line system
- Proposed increase in hazardous cargo carried along this rail line
The city submitted comments to STB in early 2008 on the proposed scope of the EIS.
The Regional Answer to Canadian National
Twenty-five communities and agencies throughout the region, including Aurora, Naperville, DuPage County, Barrington, Bartlett, West Chicago, Will County, New Lenox, Frankfort, and many others affected by the potential acquisition of the EJ&E by CN have come together to create The Regional Answer to Canadian National (TRAC). TRAC provides a unified voice opposing the acquisition, clearly communicating concerns related to the transaction and identifying the key negotiation points for discussion with any entity that would propose to significantly increase freight traffic on the EJ&E.
In early 2008, the City Council authorized the expenditure of up to $10,000 for lobbyist and public relations expenses to represent the city's concerns and opposing CN’s proposed acquisition of the EJ&E. Since then, several other agencies have dedicated funds to the effort.
City of Aurora Resolution R08-318 - Resolution approving an intergovernmental agreement establishing the City of Aurora's participation on The Regional Answer to the Canadian National (TRAC) Coalition and approving the provisions contained therein.
Process for STB Consideration
The STB can approve the transaction as proposed by CN; disapprove the transaction; or approve the transaction with conditions, including environmental conditions to offset or reduce the potential impacts of the proposed acquisition. The Section of Environmental Analysis (SEA) is the office within the STB that is responsible for directing the environmental review process, conducting the independent analysis of all environmental data, and making an environmental recommendation to the STB. The SEA recommendations to STB will include an Environmental Impact Statement (EIS). The Board will consider the entire environmental record, including all public comments submitted during the environmental review process, before making a final decision.
The Draft EIS was released by the STB on Friday, July 25, 2008. The Draft EIS evaluates the potential environmental impacts such as impacts to roadways, parks, wildlife, noise and vibration that could result from the proposed acquisition of the EJ&E line. A copy of the Draft EIS can be viewed online.
Public Involvement
The STB hosted a series of eight public meetings during the weeks of August 25 and September 8 throughout the Chicagoland area. These meetings were scheduled to present findings of the study and receive public comments on the Draft EIS. The meetings included an open house session from 4 to 6 p.m. followed by a formal public meeting from 6 to 9 p.m.
The September 9 meeting at West Aurora High School at 1201 W New York Street in Aurora was the closest meeting for Aurora residents. Approximately 450 people attended the event.
Exhibits at September 9th STB Public Meeting
- Call to Action Background Exhibit
- Call to Action Concerns Exhibit
- Call to Action CREATE Exhibit
- Call to Action Involvement Exhibit
- Call to Action STAR line Exhibit
- Myth vs. Fact Exhibit
TRAC (The Regional Answer to Canadian National)
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