(The following story by Kim Smith and Janet Lundquist appeared on the Plainfield Sun website on February 6, 2009.)
CHICAGO — Though the Canadian National Railway has closed on the deal to purchase the Elgin Joliet & Eastern Railway, it could bequite a while before trains actually roll through. Some municipalities are turning to the courts in an attempt to put the brakes on the plans.
“We plan to join Will County and plan to file an appeal,” New Lenox Mayor Tim Baldermann said. “This plan is not good for the people of New Lenox. The process can take a long time.”
Baldermann, Will County Executive Larry Walsh and Will County board chairman Jim Moustis issued a statement Monday on why they feel opposing the plan is worth a fight.
On Dec. 24, the Surface Transportation Board approved the sale of EJ&E Railway to Canadian National Railway, a move some say made it look like the board ignored strong opposition from local communities.
“Our review of the STB decision indicates the environmental impact study also made assumptions instead of conducting the requisite surveys, while meaningful mitigation of environmental consequences in Will County has yet to be properly explored,” according to the statement.
“As just one example, the STB admitted that there would be adverse environmental consequences for the areas around the EJ&E tracks — including Will County — but concluded that they would be made up for in part by environmental benefits from the resulting reduction in rail traffic on CN’s own lines — in Chicago! Worse still, the STB further admitted that even this benefit to Chicagoans may be ‘short lived’ if CN then reroutes other rail traffic through Chicago. We find these fairly obvious mistakes hard to ignore.”
The statement said the CN plan will increase rail traffic by more than 400 percent and transport 700 percent more hazardous material through Will County. There is a lack of information on what level and type of hazardous materials will be traveling through the area, the statement says.
“Like other communities, we did seek to negotiate these issues with CN because we feel strongly CN has not negotiated in good faith with the communities of northeastern Illinois,” the statement reads. “Some who criticize the county today for maintaining their opposition to the CN transaction will be the first to condemn our local governments if a hazmat event causes irreparable harm to our community.”
The release said a Jan. 17 CN derailment in a northern suburb forced 5,000 frustrated Metra riders to find other ways to get to work. Two of the cars that derailed carried molten sulfur, a hazardous material, according to the joint statement.
Plainfield not quiting
The village of Plainfield also plans to continue its opposition, said Interim Village Administrator Don Bennett.
“Plainfield is certainly disappointed in the outcome of what has occurred so far,” Bennett said. “However, we’re going to continue looking at the situation and probably also will be meeting with CN down the road to see what the village can do to improve the rail crossings and other things that could impact on Plainfield.”
Village officials plan to keep Plainfield as a member of TRAC (The Regional Answer to Canadian National), which is reviewing possible legal action and plans to ask for a review of the STB decision.
On Jan. 31, CN closed the $300 million deal to purchase the EJ&E’s principal lines from U.S. Steel Corp.
There are 198 miles of former EJ&E-owned tracks that CN will use to lessen train traffic in Chicago.
There are 133 at-grade rail crossings in Will County.
The last day to file an appeal with the courts on this decision is Feb. 23.
Benefits and drawbacks
E. Hunter Harrison, president and chief executive officer of CN, released an open letter to residents of communities along the EJ&E.
In the letter, he says the acquisition will help relieve Chicago-area congestion and bring economic benefits to the area.
“Even with these benefits, we at CN also recognize this transaction will result in increased traffic on the EJ&E, raising environmental issues in some suburban communities along the line as CN re-routes trains onto the EJ&E lines over the next three years.”
The letter goes on to acknowledge the concerns of the communities.
“We intend to let our actions earn their respect and confidence,” Harrison said.