(The following story by Dan Campana and Andre Sallas appeared on the Daily Southtown Star website on September 9.)
CHICAGO — Canadian National Railway cannot purchase the EJ&E Railroad before a final study on the impact of the sale is released, the U.S. Surface Transportation Board said Monday.
In a decision issued late Monday night, the federal board, which approves all railroad sales in the United States, denied CN’s request to take possession of the EJ&E early.
CN had asked the board to approve the sale by the end of the year and promised not to increase the number of trains on the EJ&E line until a final environmental impact study was issued.
U.S. Steel, which owns the EJ&E, has refused to extend the purchase agreement past Dec. 31.
CN wants to acquire the nearly 200 miles of EJ&E track so it can move trains more quickly than it does on its current lines that cross Chicago. The EJ&E line encircles the Chicago area from northwest Indiana to Waukegan and runs through Chicago Heights, Park Forest, Matteson, Frankfort and New Lenox in the Southland.
Those towns and others in the west and northwest suburbs – most of which are part of the Regional Answer to Canadian National coalition – oppose the $300 million sale for several reasons, mostly because it will worsen traffic congestion and the high cost of improving grade-level crossings.
In its decision, the Surface Transportation Board rejected CN’s argument that approving the sale and establishing the full impact of that sale were separate actions, pointing out that the board never has approved a sale without a final environmental impact study, when one was required.
The board’s stance drew approval from U.S. Sen. Dick Durbin (D-Ill.), who has opposed the deal from the start. Durbin called the railroad’s request “an irresponsible show of force.”
CN spokesman Jim Kvedaras had little comment, saying CN would have to “digest” the decision. U.S. Steel spokesman John Armstrong declined to speak on CN-related issues.
Should the proposed sale of the EJ&E fail to win approval or fall through for other reasons, obtaining lease rights to use the tracks remains “an option,” Kvedaras said. He said CN has approached U.S. Steel about trackage rights, but both sides are pushing for a sale.
“It is an option, but it’s not preferable,” Kvedaras said.
Infrastructure improvements and the freedom to design a schedule to improve efficiency on the region’s freight rail system make ownership the preferred avenue for CN, according to CN officials.
Opponents vow to remain vocal regardless of how CN attempts to get its trains on the EJ&E tracks.
“The quality of life for our residents is our top priority. There are serious economic, environmental and safety issues at play here, and if those are not dealt with by Canadian National, they should expect continued opposition whether they purchase or lease the tracks,” Aurora Mayor Tom Weisner said.