(The Clear Lake Citizen posted the following article by Mary Alys Cherry on its website on July 16.)
CLEAR LAKE, Texas — The San Jacinto Rail partnership got the go-ahead Wednesday for its proposed 12.8 mile railroad when the Surface Transportation Board cleared a path for its construction.
In doing so, the federal agency rejected all motions by the City of Houston, the Galveston Bay Conservation and Preservation Association, the League of United Latin American Citizens and concerns of residents, city, state and congressional officials, apparently leaving the federal courts as the area’s only recourse.
However, the STB did grant Harris County’s motion to intervene, or express its views, but this likely will have no effect on the matter.
The decision is effective as of July 11, 2003.
Officials disappointed
State Rep. John Davis and both Houston City Council representatives from the affected Clear Lake area expressed disappointment over the hopelessness of fighting the railroads.
“It does not seem,” Davis said, “as though they have much concern regarding those who will be impacted directly and indirectly by this rail line.
“There are many concern addressed at both public hearings and unfortunately the STB has chosen to disregard the concerns,” he said.
“These concerns, ranging from public safety to environmental quality to regional mobility, are issues that left unchecked have the potential to unfavorably affect the quality of life within the region,” he continued.
“I am disappointed the system has apparently failed us at this point,” he added.
Neither councilwoman expressed surprise at the action but both were angry.
“I am outraged at this decision,” Councilwoman Addie Wiseman said. “It is my opinion that the STB has shown total disregard for the health, safety, welfare and quality of life of the citizens that live in the vicinity of the proposed rail line,” she added.
Councilwoman Shelley Sekula Gibbs expressed regret that “the STB has pointedly disregarded every concern that the City of Houston and others have raised concerning the proposed rail line.
“Concerns over matters such as public safety, environmental hazards and quality of life…have been voiced to the STB and were shamefully ignored,” she added.
Sekula-Gibbs said the City of Houston has allocated over $450,000 for outside legal help “plus the resources of our in-house legal team to fight the construction of all proposed new routes.
Only recourse
“The federal court system is now our only recourse. Let us hope that the court system can bring some sanity to these proceedings,” she added.
A spokesman for Mayor Lee Brown said he “continues to share the concerns of many East End and Clear Lake residents,” citing the “serious implications on the livability of this community…”
The rail line, Brown feels, “could impact the future economic viability of Ellington Field and the city’s waste treatment plant, as well as traffic congestion.”
The San Jacinto Rail is a partnership formed by four Bayport chemical manufacturers with the Burlington Northern Santa Fe Railway to provide competitive rail service out of Bayport, where Union Pacific Railroad has a monopoly and charges what the chemical companies consider extremely high rates.
The federal agency said it received more than 500 written comments expressing concern about the project.
The City of Houston, in one of its several arguments against the rail plan, called attention to the fact that two of the STB board members participating in the May 9 final decision resigned, “temporarily leaving the board with only one sitting member.”
Exclusive authority
But the STB, which says it “has exclusive authority over most aspects of the railroad industry,” rejected that argument, saying that the fact it only has one board member “does not incapacitate the agency,” explaining that its “governing statue expressly provides that the board’s authority to act is not impaired by a ‘vacancy.'”
Problems with the air and noise pollution impacts of the Port of Houston Bayport project brought out by the GBCPA and LULAC also were rejected.
Meanwhile, Wiseman said she would continue “to voice my adamant opposition to the construction of the rail line” and urge her council colleagues “to join with me in the continued fight on behalf of the citizens of Clear Lake.”