(The following story by Andre Salles appeared on the Suburban Chicago News website on January 17, 2009.)
CHICAGO — Opponents of a $300 million rail transaction have filed an appeal in federal court, looking to stop the deal in its tracks.
A dozen communities, under the banner of The Regional Answer to Canadian National, petitioned the U.S. Court of Appeals on Friday. They want the court to review the approval granted last month to allow Canadian National Railway Company to purchase the suburban Elgin, Joliet and Eastern rail line.
TRAC also asked the court to issue a stay, preventing CN from taking possession of the EJ&E until the review is completed. Without that stay, the federal Surface Transportation Board’s approval of the transaction will take effect Jan. 23.
“(The complaint is) legitimate, given the fact that two of the three STB committee members expressed misgivings at the level of impact this deal would have,” said Tom Weisner, mayor of Aurora and co-chairman of TRAC. “If the court looks at the record, we have a good chance.”
The STB’s approval came after more than a year of study and deliberation into the impact of the transaction on the region. Opponents have called that process incomplete, and in their appeal filing, TRAC members point to what they see as the federal board’s neglect of numerous issues raised during the study.
The deal would see CN diverting many of its trains from the clogged Chicago rail system onto the EJ&E, in some areas quadrupling the number of freight trains rolling through suburban neighborhoods.
Twelve communities signed on to the appeal. They are: Aurora, Barrington Hills, Barrington Township, Bartlett, DuPage County, Hawthorn Woods, Lake Zurich, Naperville, Plainfield, Warrenville, Wayne and West Chicago. These communities are being asked to contribute an additional $7,500 each for legal fees.
However, next week the Naperville City Council will consider a staff recommendation to withdraw from TRAC’s appeal and take their $7,500 contribution with them. City staff concluded that the STB’s final decision addressed “the major concerns raised by the City of Naperville.”
Weisner said he was not surprised by this news, but added that the additional financial contributions from Aurora and other communities should be minimal.
In a blow to the opposition effort, the STB on Friday denied four separate petitions for a stay of the approval. In a 13-page decision that focused on its own process and methods, the STB ruled that it did conduct a thorough investigation, and that the petitioners “have not demonstrated any likelihood of success” in their quest for judicial review.
Weisner said the STB’s decision would not affect TRAC’s case.
CN Vice President Karen Phillips praised the STB’s decision, and while the railroad had no specific comment on TRAC’s federal petition, Phillips did reiterate that the transaction would benefit the region as a whole.
“At a time of economic uncertainty and downturn in many industrial sectors, CN’s private sector measure to help reduce rail gridlock will benefit the Chicago region and nation,” she said.
Meanwhile, more challenges continue to roll in from suburban communities. This week, the members of the Will County Forest Preserve District voted to petition the Circuit Court of Appeals in Washington, D.C., requesting a review of the STB’s study.
TRAC officials said this shows growing interest in fighting the transaction.