(The following story by Michael Gilbert appeared on the New Lenox Patriot website on January 6.)
NEW LENOX, Ill. — New Lenox will appeal the U.S. Surface Transportation Board’s decision to approve the sale of the EJ&E Railroad to Canadian National Railway, Mayor Tim Baldermann said last week.
Village officials have already met with legal counsel and intend to file an appeal within the next 30 days, Baldermann said. The case would be heard in federal court.
“Right now we are moving forward and looking at some legal action,” Baldermann said. “The Surface Transportation Board’s decision really only looked at transportation issues and didn’t look at the impact [the sale] will have on the quality of life for residents of this community.”
Baldermann said “safety and environmental issues” will arise if Canadian National CN] follows through on its plan to increase freight traffic in New Lenox from six trains per day to 30.
CN officials intend to alleviate freight traffic in Chicago by moving it to the EJ&E line, which consists of nearly 200 miles of track that wind through about 30 suburban communities, including New Lenox.
The village has five crossings — Cedar, Nelson, Gougar, Schoolhouse and Spencer roads — on the EJ&E line.
“The sale is going to dissect the community in half,” the mayor said of the extra trains and traffic delays they are expected to create.
There was no mention of CN contributing funds to build overpasses or underpasses in New Lenox in the agreement approved by the Surface Transportation Board [STB] on Christmas Eve.
The village will request money that would be used to fund overpasses or underpasses in the document appealing the sale, Baldermann said. Overpasses can cost around $15 million to $30 million to construct.
Less than two weeks before the STB approved the sale, New Lenox officials rejected a mitigation offer from CN that would have given the village between $500,000 to $750,000 to partially fund quiet zones and technology that would alert emergency responders to blocked rail crossings.
Baldermann said the village officials do not regret turning down the offer.
“Absolutely not,” the mayor said. “They didn’t offer us anything of value. We feel confident about our chances if we go to court.”