(The following story by Stewart Warren appeared on the Herald News website on January 16, 2009.)
JOLIET, Ill. — The members of the Will County Forest Preserve District voted Thursday to fight Canadian National Railway’s proposed purchase of the Elgin Joliet & Eastern Railway.
They plan to file a petition with the circuit court of appeals in Washington, D.C., requesting a review of the environmental impact statement related to the sale, said Dick Kavanagh, the forest preserve district’s lawyer. The environmental impact statement studied the effects of increased train traffic on residents and their neighborhoods.
They plan to file a petition with the circuit court of appeals in Washington, D.C., requesting a review of the environmental impact statement related to the sale, said Dick Kavanagh, the forest preserve district’s lawyer. The environmental impact statement studied the effects of increased train traffic on residents and their neighborhoods.
“We would point out the inadequacies with it, where they did not comply with the law,” Kavanagh said.
“We would point out the inadequacies with it, where they did not comply with the law,” Kavanagh said.
Ed Gower, a partner in Hinshaw and Culbertson, will handle the case. He spoke to the members of the forest preserve district during a meeting Thursday.
“You have grounds (for a lawsuit),” Gower said. “I could never sit before you and promise you will win … (but) it is well beyond a frivolous challenge.”
Railway deal
The CN wants to buy the 198-mile EJ&E line so it can route trains away from Chicago. As far as the company is concerned, the EJ&E’s tracks would do the job nicely because they stretch from Waukegan to Gary, Ind., while passing through several Will County towns such as Joliet and Frankfort.
But many Will County residents and officials worry about the sale, citing the increased train traffic; the accompanying traffic tie-ups on area roads; the county’s many “at-grade” rail crossings and the transportation of hazardous materials, among other things. Will County has 133 at-grade crossings — meaning places where train tracks cross a road and aren’t elevated to run above it. When a train goes through the crossing, the traffic on the street must stop until the rail cars have passed.
Adverse effects
The members of the forest preserve district believe the increased train traffic will cause pollution and adversely affect the wildlife living in at least 12 preserves, among other things. If hazardous waste was spilled, it could affect the underground water table in some areas, Gower said Thursday.
On Dec. 24, the surface transportation board approved the $300 million sale, a move that was not terribly surprising. The board typically approves railroad plans despite strong opposition from local communities. Will County also has filed a petition to stop the sale.
The people of Will County paid for the preserves, so they should be protected, said forest preserve district President Cory Singer, R-Frankfort.
“In addition, if our preserves are ultimately polluted because of the CN’s activities, what is the meaning of having these properties as open space?” he asked. “Who would want to use them?”