(The following story by Erik Potter appeared on the Post-Tribune website on August 6.)
CHICAGO — Lawmakers left Tuesday’s congressional field hearing on Canadian National’s proposed purchase of the EJ&E Railroad even more convinced that the government’s process for approving railroad transactions needs to be reformed.
The four Illinois legislators, along with staff members of Illinois Rep. Peter Roskam, D-Wheaton, and Indiana Rep. Pete Visclosky, D-Merrillville, heard testimony from several municipalities and government agencies in the two-state region area, including from Schererville and the Northwestern Indiana Regional Planning Commission.
All but one opposed the purchase, pointing to expected negative impacts to their communities in terms of increased congestion, decreased safety and increased air pollution.
Canadian National, while initially set to appear at the hearing, ultimately declined to participate, calling out the Congressional members for having “not yet acknowledged the significant public benefits this transaction would provide to the regional economy and to dozens of Chicago-area communities that would see a reduction in freight traffic.”
The lawmakers railed not against the railroad, but rather the federal Surface Transportation Board, responsible for approving railroad transactions.
The Transportation Board’s recently released draft study on the impacts of the proposed transaction caught the bulk of the criticism.
Lawmakers and witnesses said it was too narrow in scope and too soft on the railroad in terms of holding it responsible for alleviating the negative impacts of the sale.
“The (study) contains a short section that was mistakenly titled ‘Mitigation,'” said Visclosky in a written statement read at the hearing. “I think that section would have been more appropriately titled, ‘Weak-Kneed Suggestions For CN to Consider, If They Want To.”
The lawmakers were all pushing a new piece of federal legislation introduced last week, the Taking Responsible Action for Community Safety Act.
Called the TRACS Act, the bill would require the Transportation Board to consider the community impacts of a railroad transaction with equal weight as it does the economic impacts. The bill also seeks to make railroads shoulder a larger financial burden for infrastructure improvements, such as overpasses, deemed necessary for communities to accommodate railroads’ actions.
It’s unlikely the legislation will become law before the Transportation Board makes its decision on CN’s proposed purchase.