Stop the Canadian National Purchase of EJ&E Tracks

Action Needed Today : Yes on HR68!

2009-04-30T13:31:00.003-05:00

HR68 is State Representative Darlene Senger's resolution on the EJ&E issue. HR68 "encourages and supports action by the 111th Congress of the United States to enact legislation to update Surface Transportation Board (STB) standards and criteria for approval of railroad merger applications to equally weigh the public interest of residents and communities with the benefits to commerce."

HR68 is up for consideration today in the Illinois General Assembly Rail Committee in Springfield. Please contact the committee members TODAY and ask them to vote "Yes" on HR68.

Below is a link to the details on the bill as well as a link to the committee members.

HR68

Committee Members

Does CN Really Want to be a Good Neighbor?

2009-02-25T18:22:00.012-06:00

Apparently, not in Aurora and Lynwood....

The following is from an email sent today by TRAC, http://www.fightrailcongestion.com.

CN Shows Its True Colors in Appealing the STB Mandate to Underwrite Significant Costs of Two Grade Separations!
In a February 23 maneuver, CN notified the Surface Transportation Board (STB) that it is appealing to the federal courts the Board's direction that CN must pay for a significant portion of the costs associated with creating grade separations in Lynwood and Aurora. TRAC is not surprised by this move as we have maintained all along that CN has no real intentions of working with communities to mitigate the harms its operations will cause in the region. In its letter to the STB notifying it of the appeal (the letter can be found on the TRAC website at www.FightRailCongestion.com) CN congratulated itself on committing to 108 voluntary mitigation measures while pointing out that this particular grade separation mandate from the STB was more than it could bear as it would be just too expensive!

TRAC has a couple of issues with CN on the matter. First, let's take a look at some of what constitutes CN's voluntary mitigation:

• "For each of the public grade crossings on EJ&EW's rail line, Applicants (CN) shall provide and maintain permanent signs prominently displaying both a toll-free telephone number and a unique grade-crossing identification number in compliance with Federal Highway Regulations." Here we have CN volunteering to obey the law!

• When it comes to hazardous materials transportation, CN will "comply with the current Association of American Railroads (AAR) "key route" guidelines, found in AAR Circular No. OT-55-I, and any subsequent revisions." Here we have CN saying it will abide by normal industry operating procedures. Given CN's record of disregarding Canadian law in this area, perhaps we SHOULD be grateful for that concession!

• About needed grade separations along the EJ&E, here's what CN has volunteered: "Applicants shall, upon request, work with municipalities and counties in support of securing funding, in conjunction with appropriate state agencies, for grade separations where they may be appropriate under criteria established by relevant state Department of Transportation. Applicants shall contribute their statutorily required amount of funding to the cost of the grade separation." It's never been a secret that CN believes it's best that taxpayers underwrite most of the cost of grade separations to facilitate it profitable operations. But, where's the cost-benefit analysis here and who is representing the taxpayer to get the best deal from CN? According to CN in its recent legal appeal, NO ONE has that right!

• On controlling noise, vibration and noxious air emissions, here’s what CN is volunteering: "Applicants, to the extent reasonably practicable, shall adopt efficient fuel saving practices that may include a range of operating practices that will help reduce locomotive emissions, such as shutting down locomotives when not in use and when temperatures are above 40 degrees." Hmm, who decides what is reasonably practicable in these situations? That's right – CN! We wonder how often shutting down stalled locomotives will be "reasonably practicable."

• Concerned about the future of the STAR line or your current Metra train schedule being interrupted by freight traffic? Here's what CN has volunteered: "Applicants shall work with other railroads to establish reasonable and effective policies and procedures to prevent other railroads' trains from interfering with Applicants' trains." "Work with" is an awfully nice weasel phrase that provides no real guarantees for Metra commuters!

The second issue we have with CN is its self-serving logic in making this appeal. CN complains that if the grade separation mandate stands it could cost them about $160 million in mitigation or more than 50% of the cost of the transaction price. Well, the TRAC communities never asked for this deal to happen and have had to invest significant funds to defend our interests against CN that we will NEVER recoup. CN, on the other hand, can earn back ALL of its investment on the EJ&E in short order by its operations on the line.

Let's take this self-serving CN thinking a step further to examine the cost burden this transaction could end up dumping on U.S. and Illinois taxpayers. Unfortunately, the EJ&E is not in the middle of nowhere. The rail line is in the middle of a fast-growing and vibrant metropolitan area and it is completely lacking in the infrastructure that makes it possible to integrate CN's proposed operations into our communities. The only solution is to build that needed infrastructure to the tune of about $2 billion! Yet, knowing that this is what the American taxpayer is facing as a cost burden, CN has the nerve to whine about the necessity to pick up a mere $160 million!

Something needs to be done. We need some answers from Washington about what our elected officials plan to do to rein in CN's predatory self-serving actions. Contact your Member of Congress and let them know what you think of CN's latest attempt to railroad our communities! Contact information can be found at www.FightRailCongestion.com.

7 Things I Learned from Writing This Blog

2009-02-02T15:45:00.006-06:00

This will likely be my last post on this blog. The CN acquisition of the EJ&E is done. I started this blog just over a year ago to bring attention to the EJ&E sale and how it will impact my community. I used my knowledge of internet marketing to bring traffic to this site and keep my neighbors up to date on the issue. Over the past year I learned a few things about blogging on a community issue.

1. People quickly start to see you as some kind of expert on a topic simply because you have a blog about it.

Not only have I received numerous emails through this blog, but I've been contacted by news media for comments several times over the last year. I'm not an expert. I'm a citizen who will be significantly impacted by this sale.

2. Hiding behind the veil of anonymity, it's shocking the things people will say in email.

Most of the emails I received were from people who also opposed the sale. However, some were not. I expected that. However, I did not expect a few to be vicious and even one was threatening. This is a blog. It's supposed to be opinionated. No one is forcing you to read it or agree with me. I never responded to any of those emails. I refuse to engage people who see the internet as a way to voice things they would never say in person.

3. You can't fight city hall, but you can make some noise.

I knew going into this that the chances of stopping the acquisition were slim to nonexistent, but I felt that at least we had a right to have our concerns addressed. I knew from the beginning that all the money, power and influence were in CN's corner. However, now there is no way that our government can say they didn't know how this transaction will affect these communities.

4. Sometimes you just have to speak up.

It still really floors me to have people call me a NIMBY as if it's a slam to my character. I do not see how fighting for my family's quality of life and for the safety of my children is bad. There is no one I know who would truthfully say..."go ahead, it's for the greater good, right? Make a train superhighway in my community, crash our property values, delay our ambulances and school buses, cut us off from our emergency services, as long as it's for the economic good of Chicago." I love how that "greater good" comment always comes from the guy who will make the most profit.

5. I'm not as brave as I thought I was.

I backed off on this blog when things went from a heated political discussion to threats. Even when you know that those hate emails are mostly hot air, taking a risk with your family's safety just isn't worth it.

6. I would do it all again.

I would still start a blog like this again. I would just be more careful with my identity and safety. I still believe in the power and influence of blogging.

7. SEO works.

This is a purely professional observation. SEO is search engine optimization. I used it on this blog. As of today, here are just a few of the keywords that show this blog on the first page of Google - and in the company of power sites like Reuters, Chicago Tribune and Fox.

CN and EJ&E
Canadian National acquisition
Barrington and CN

and even Canadian National trains!

The internet can be a great way for the little guy to be heard. You can level the online playing field with just a little knowledge of how internet traffic works.

And finally, one more thank you to everyone who took action to try to fight the Canadian National acquisition of the EJ&E!

CN Now Owns the EJ&E

2009-02-02T15:32:00.004-06:00

According to the Chicago Tribune on 2/1/09, CN completed its acquisition of the EJ&E. The communities along the EJ&E will begin to see an increase in trains from 5 to 20 per day beginning in March. Towns like Buffalo Grove will see their train traffic decrease from 19 to 2 per day according to a Chicago Tribune article today, 2/2/09.

Here are the links to both articles:

CN acquires railway line around Chicago

Freight train traffic to shift in March in wake of rail merger

Stay Declined, Motion Filed and Train Derailed

2009-01-16T21:40:00.003-06:00

It's been a busy day.

First, as posted earlier, a CN train derailed today in Buffalo Grove causing Metra to shut down in that area for the day. Also today, Newsday.com reports that the STB declined the request to stay its approval of the EJ&E sale to CN. Finally, the article also states an emergency motion was filed today with the US Court of Appeals in Washington, DC. The parties that filed the motion, including DuPage County, Aurora and Naperville, are asking the court to stop the sale until the court can hear their appeal. Similar petitions by the Village of Barrington and Will County have already been filed with the court.

You can read the full article on Newsday.com.

Canadian National Train Derails in Buffalo Grove

2009-01-16T14:41:00.002-06:00

In an email from TRAC/fightrailcongestion.com today:

TRAC makes the following statement in response to today's derailment of a CN train carrying hazardous materials in Buffalo Grove, IL:

"Canadian National's safety record continues to be deplorable. Todays derailment in Buffalo Grove underscores a recent report by the Canadian Government where Canadian National Railway received the lowest grade possible on implementing safety management systems designed to offset accidents and other safety hazards.

The U.S. government ignored these facts and approved a deal allowing Canadian National to increase rail traffic 400% in dozens of communities throughout Chicagoland. The frightening reality is that if a derailment similar to the one today, occurred along the EJ&E, it would paralyze our towns. The monster trains Canadian National plans to run through our residential areas would block many, and in some cases, all crossings in a community."

Barrington Continues the Fight Against the EJ&E Sale

2009-01-05T19:21:00.004-06:00

From TRAC's website today:

BARRINGTON FILES LEGAL CHALLENGES TO STOP CN RAILROAD PURCHASE

Impacted Communities Say Decision is Premature and Ignores Serious Safety and Environmental Concerns

(BARRINGTON, IL) January 5, 2009- The Village of Barrington today filed an appeal of the Surface Transportation Board's decision approving Canadian National's takeover of the EJ&E. The appeal was filed with the United States Court Of Appeals for the District of Columbia Circuit.

Barrington also filed a stay of petition with the Surface Transportation Board in an attempt to prevent the transaction from closing during the Court's review of the appeal.

Barrington officials charge that the STB acted improperly when approved the highly controversial takeover. The stay petition notes that the STB did not take into account numerous problems previously identified by opponents to the transaction during the environmental impact statement process.

"We have filed direct legal challenges to the STB and through the federal courts in an attempt to delay further action by Canadian National until this acquisition is examined more thoroughly. We believe that the decision is wrong and is short sighted in examining serious concerns raised by thousand of residents, transportation experts and elected leaders," said Karen Darch, Barrington Village President and spokesperson For Barrington Communities Against CN Rail Congestion.

According to the stay of petition filed with the STB, the draft and final versions of the Environmental Impact Statement which were adopted as part of the Board's Christmas Eve-issued decision contained numerous violations of the National Environmental Policy Act (NEPA).

Specifically, Barrington officials say the STB failed to analyze all reasonable alternatives to the transaction and the reasonably foreseeable effects of additional track construction on the lines to be acquired and the increased volume of other railroad current and future freight traffic on certain railroad lines in Chicago.

Darch said that the regulations set forth under the NEPA law require that the STB must consider potential beneficial or adverse environmental effects of any rail merger before making a decision and that the STB failed to meet its obligations under the law.

Since CN announced its intention to purchase the EJ&E railroad in 2007, dozens of communities from Illinois and Indiana, transportation planning groups, and elected leaders in Washington have raise serious concerns about the short and long term implications this purchase would cause.

The Village of Barrington is a member of Barrington Communities Against CN Rail Congestion and The Regional Answer to Canadian National (TRAC) which represent dozens of communities in Illinois and Indiana. This bipartisan coalition was organized out of concern that significant issues related to public safety, environment, traffic gridlock, emergency response times and economic losses were not being adequately dealt with by Canadian National Railway (CN).

To review copies of both legal filings, visit www.fightrailcongestion.com. Both are found under the documents tab -- the stay petition in "STB-related Documents" and the federal court appeal in the section on "Litigation and Legal Matters."

Merry Christmas from the STB

2008-12-25T16:59:00.003-06:00

As I posted last night, the STB decided on Christmas Eve to approve the CN acquisition of the EJ&E tracks. Am I the only one who thinks this was not only rude, but a real slap in the face to the families and concerned citizens affected by this decision? Honestly, last night all I could do was publish the decision and a link to the document, I was so stunned that the STB would choose Christmas Eve to finally make a decision. We all knew that we had a slim to nonexistent chance of winning this battle, but this was a cold move even from our government.

I'm receiving emails from people who want to know what more they can do. My best advice right now is to watch the TRAC website, http://www.fightrailcongestion.com. If there is anything more we can do, they are usually the first to let us know.

STB Has Approved the CN Acquisition

2008-12-24T22:59:00.001-06:00

You can read the full text of the decision at the following STB link:

http://www.stb.dot.gov/decisions/readingroom.nsf/UNID/B1B6DF4C67DDFAB2852575290057CDE4/$file/39537.pdf

There's Still Time, Get Those Fax's Humming

2008-12-22T23:09:00.003-06:00

An Update to My Last Post

You can continue to fax the STB beyond today's deadline that was noted in Deer Park Neighbor's email. Take a break from your Christmas shopping and let your opinion be heard one more time.

In a time of economic uncertainly, bailouts and layoffs, how can the communities along the EJ&E afford to tax their resources further to increase the profits of Canadian National? The STB has an opportunity to stop more economic hardship for these communities by denying the acquisition of the EJ&E by CN.

As we anticipate the STB's decision, I'm taking this opportunity to thank everyone who made an effort to oppose the acquisition.

FAX the STB Today, Your Last Chance to Be Heard

2008-12-22T14:04:00.005-06:00

Image by SP8254 via FlickrBelow is an email sent today by the Deer Park Neighbors. Fax your opinion to the STB before any decision is made on the CN acquisition of the EJ&E. Like the email says, "We never want to look back and say: 'I wish I had worked harder to stop this sale!'"

Please take a few minutes out of what must be a very busy short week to read the following and also click on the attached document, “Unanswered Questions” prepared by TRAC http://fightrailcongestion.com

Here is the message from Stop the Trains, http://stopthetrains@me.com Excuse the funky punctuation, one of the quirks of forward among different computer systems. And do ACT TODAY! A little way down in this email are the phone numbers of three decision makes at the Surface Transportation Board. You can quickly express your opinion and get that in today. Thank you, and remember, together we are stronger.

PEOPLE'S PLEA TO STB BOARD BEFORE ANY DECISION MADE.

THE CITIZENS MUST BE HEARD
Deadline-FAX by Monday, 12/22

1) Content of Letter -suggestions, ˆpick any or all of the concerns that apply to you below:
· What environmental issues do you feel were not addressed adequately in the Environmental Impact Study? (compare letter you wrote for the environmental review with study summary) You may find a copy of the study below.
http://www.stbfinancedocket35087.com/

· What mitigation recommendations are inadequate? They are not recommending any grade separations in Barrington or Lake Zurich.

· Do you think the study is fundamentally flawed because it is based on the idea that the capacity being vacated by CN on current lines won'‚t be filled again by them or another railroad?

· Are you concerned that the study did not fully analyze the impacts from double tracking the EJ&E in ALL of the track‚s existing right-of-way. Will CN double-track at some point to maximize operations along the EJ&E? Absent that real PROBABILITY being evaluated, the analysis is fundamentally flawed.

· Are you concerned that any towns reaching agreements with CN are compromising needs of their towns because of leverage CN has with a flawed environmental study?

· Suggest that CREATE be funded, as that was a joint effort by government and industry to clear up rail congestion in Chicago

· Are you concerned that regional and national tax dollars will go to cleaning up a mess created by CN so they can maximize profits?

· Should taxpayer dollars be invested at the whims of corporations rather than determined by regional planners? Are‚t we not learning some real lessons by current corporate bailouts?

· Write a respectful letter and "talk from the heart" with the issues concerning you. We never want to look back and say: "I wish I had worked harder to stop this sale!" Please write a letter this weekend! If you do not have a FAX , e-mail it to stopthetrains@me.com and we will FAX it for you.

2) Address letter to the decision makers:

Mr. Charles D. Nottingham, Chairman
Mr. Francis P. Mulvey, Vice Chairman
Mr. W. Douglas Buttrey, Board Member
c/o Ms. Anne K. Quinlan Acting Secretary
Surface Transportation Board
395 E. Street, Southwest
Washington, D.C. 20423

Dear Chairman Nottingham, Vice Chairman Mulvey and Board Member Buttrey:

3) Fax letter to each of the following numbers:
OFFICE OF CHAIRMAN (Charles D. Nottingham)
Telefax suite 1220.......................................................................................... 202-245-0450
OFFICE OF VICE CHAIRMAN (Francis P. Mulvey)
Telefax suite 1290.......................................................................................... 202-245-0453
OFFICE OF BOARD MEMBER (W. Douglas Buttrey)
Telefax suite 1240.......................................................................................... 202-245-0452

PLEASE E-MAIL THIS TO FRIENDS AND NEIGHBORS.

THANK YOU AND HAVE A WONDERFUL HOLIDAY SEASON!

--
Deborah Barry, Secretary | Al Barry, President
http://deerparkneighbors.com

CN Accused of Taking Illegal Control of the EJ&E

2008-12-11T18:12:00.008-06:00

Image via WikipediaThis really doesn't come as any big surprise. I don't think that any of us who have been involved in opposing the CN acquisition of the EJ&E believes that CN plays by the rules.

This is an email from TRAC dated today:

From: administrator @ fightrailcongestion.com
Date: Thu, Dec 11, 2008 at 5:25 PM
Subject: Union Pacific Railroad Accuses CN of Illegally Interfering with Its Freight Rights on the EJ&E!

In a December 8 filing to the STB, Union Pacific Railroad (UP) told the Board that CN has "unlawfully taken premature control of the EJ&E" and prevented UP from taking advantage of trackage rights it's had on the line since 2003. UP accuses CN of blatantly unlawful behavior by taking a premature role in EJ&E decision-making which is in violation of federal law that prohibits a railroad from exercising management control of another rail carrier without the approval and authorization of the Board.

Why should the public care about this fight between CN and UP? Because it demonstrates beyond a doubt that CN cannot be trusted to do the right thing. This news should be a chilling red flag to any communities contemplating what living under a CN agreement would be like when – according to a powerful railroad like UP – it can't even be trusted to abide by U.S. rail law! UP reminds the STB that there is precedent that this type of violation of rail law has – in the past – been cause for the Board to turn down such transactions. This is an opportunity for the STB to show CN that it will not allow CN or any railroad to unilaterally usurp its authority in approving rail mergers. The STB should demonstrate that it is a regulator of the rail industry and not its lap dog by turning down the CN acquisition of the EJ&E immediately!

The public can view a highly redacted copy of the UP filing on the STB documents section of the www.FightRailCongestion.com website.

Take Action Today to Stop the CN Acquisition of the EJ&E tracks!

2008-12-08T13:47:00.003-06:00

Image via WikipediaThis is a long email received today, 12/8/08 from Deer Park Neighbors, another group actively opposing the Canadian National purchase of the EJ&E tracks. If you don't want to read it all, the most important thing is to call Senator Durbin and Congresswoman Bean today. The STB decision on the acquisition is expected very soon.

From Deer Park Neighbors:

We were out for a few days, so we apologize for being late in getting this message to you—but there is still time to ACT TODAY!

We urgently request that you take a few minutes TODAY to call Dick Durbin (202-224-2152) and Melissa Bean (202-225-3711), who will be working on this matter Tuesday, with a decision from the Surface Transportation Board in as little as one week. Details from both TRAC and our own Rita Finley follow below; both reports will help refresh your talking points.

IN THIS BLAST, DPN comments, followed by materials from TRAC and finally from our own Rita Finley. DPN again sends a special thank you to Rita. It is citizens like her—passionate about an issue and making a personal commitment to stay on top of the news and communicate that to others—is just what Deer Park Neighbors is all about.

The Final Environment Impact Study (FEIS) will be a disaster for our region and effectively nothing in the final report reflects the concerns of citizens and businesses who will suffer under the proposed purchase of the EJ&E line by Canadian National. We need to balance the support for this deal that comes from communities who will—but only initially—see some relief. They are being very shortsighted. In time, we believe in as few as five years, every community along the line will be gridlocked, with effectively no financial support from CN. We anticipate that traffic would continue to increase exponentially; what’s more, CN might double track all along the line, increasing further the block of crossing.

True, we all bought homes or opened business along a rail line. However, CN’s deal will dramatically CHANGE THE EXISTING CONDITIONS without consequences to CN’s bottom line, while our local economy and public safefy can not be protected—local governments simply do not have the dollars nor any way to create the kind of inflows required to research and build out the mitigations required—overpasses, underpasses, noise barriers, underwriting failing enterprises (due to reduced consumer visits) and thereby negatively impact the local economy and public safety.

Time and time again, we hear people say, “I can’t make a difference,” and yet, the only guarantee of the end result is doing nothing. ACT TODAY!

Three more things:

>>Call or write President Gifford, to ask why this urgent message was not distributed by the Village--we didn’t get a notice from Deer Park, did you?--using the Connect-CTY® service, Deer Park’s new village-to-resident notification system.

>>Only publicly available phone numbers are automatically in the CTY system. To add your unlisted land line, cell phone and/or email address for village notifications, visit:
https://portal.blackboardconnectcty.com/welcome.aspx?eiid=1207B6088C3570A6627D

>>Join the TRAC email list:
http://fightrailcongestion.com
This challenge will be with us for decades to come

-----
from TRAC:

Friday morning, the STB released the Final Draft Environmental Impact Statement (FEIS) on CN's proposed acquisition of the EJ. Just as we feared, the process has been a rubber stamp for Big Rail. As we review the full document (even longer than the DEIS) TRAC has released the following statement:

TRAC COALITION STATEMENT ON FINAL ENVIRONMENTAL IMPACT STATEMENT RELATED TO CANADIAN NATIONAL/EJ ACQUISITION

Final EIS Fails to Address Core Issues for the Region

The Regional Answer to Canadian National (TRAC) Coalition has issued the following statement regarding the final environmental impact statement (FEIS) on the proposed Canadian National/EJ acquisition:

"Since this acquisition was announced, we have seen an unprecedented demonstration of opposition from taxpayers, communities and our lawmakers in Washington based on the negative consequences that would result from this transaction. Yet, it appears these concerns fell on deaf ears. One would think an acquisition that would increase freight traffic by 400% through communities, increase noise and air pollution, dismantle commuter rail operations and force taxpayers to subsidize $1 billion for a private sector transaction would be rejected. Unfortunately, this FEIS is a rubber stamp for CN to increase its bottom line at the expense of taxpayers and families in the greater Chicagoland region. It would be a travesty if the STB approved this transaction based on the flawed analysis that is the hallmark of this FEIS."

According to this FEIS, area taxpayers will be forced to pay the overwhelming majority of mitigation costs necessary for Canadian National to increase their profitability. TRAC has consistently stated that taxpayers in the region – no matter where you live – should not be responsible for mitigation costs that adversely impact their quality of life. This belief has been echoed by President-Elect Obama who stated in April 15, 2008 correspondence on this issue that "the costs associated with any infrastructure improvements required by this increased freight traffic should be largely borne by CN" and concluded that, "any merger should reflect a solid commitment by the new owners to pay for these improvements.

People can access the FEIS at the STB website: www.stbfinancedocket35087.com.

-----
>From our own Rita Finley

The Final Environmental Impact Study (FEIS), which was released on Friday, DID NOT listen to Main Street. And the 3 member Surface Transportation Board (STB) will be voting in as soon as 1 week on whether to deny, allow or allow the sale with conditions. A DECISION OUR REGION WILL HAVE TO LIVE WITH FOREVER.

If you are as concerned as others, please call the congressional offices of Durbin and Bean by COB Monday 12/8. Tell them that they need to do something to make sure the STB Board DOES NOT approve this deal based on this FEIS analysis. Just calling to express your concern counts. Read below for more you may want to tell them about. We need our outrage known clearly at these offices. They are occupied dealing with the financial crisis and other issues∑.we simply can not let this issue get lost under the radar during this critical time.

Dick Durbin’s DC Office: 202-224-2152
Melissa Bean’s DC Office: 202-225-3711

Please get at least 5 people to do the same. TIME IS RUNNING OUT. The STB making a decision with the released FEIS would be a travesty

WHY?

>>Our regional concerns have been ignored and mitigation mandates are a joke. A few examples on what the FEIS says:

### No mitigation is needed for most grade crossings, including Cuba Road and now also the Ela Road crossing.

### Since downtown Barrington already has a traffic problem, a grade separation at IL 59 is not warranted. Further, a grade separation at US 14 would have “minimal benefit” to traffic flow in Barrington. They ignore the fact that no one is expecting CN to solve any existing traffic problems in downtown Barrington but must mitigate for the increase in problems that mile-plus-long freight trains over 20 times a day would cause!

**Their solution to the complex congestion issues?? “Traffic advisory signs to alert drivers not to block the roadway intersection during a train pass.” Huh? [DPN note: Picture any crossing in downtown Barrington, then imagine people backing up or making U-turns to get out of the intersection. One of those vehicles could well be a police car trying to get to a scene or an ambulance trying to transport to the hospital.]

**They say the impact on property values is minimal. They “assume” that a portion of adverse affects have already been incorporated into the existing property values. What about the well-maintained Colonial currently for sale on the end of Old Farm Road adjacent to the tracks that Ela Township has assessed for around $660,000, yet it is not selling as the owners have had to continue drop the price--now to $450,000 and still not selling out of fears of increased train traffic. If the assessor’s value was correct, that is over a 30% negative impact on the “existing” value

** The likelihood of a HAZMAT spill would increase, but is minimized in the study as a “worst case scenario.” Plus, they dismiss that CN would mitigate and supply people with water if that did occur. (Some of you recall in 2005, CN had a HAZMAT spill in Lake Wabamun. Canada. and people went months without drinkable water.)

**Here’s another injustice which directly impacts the children of our region: FEIS concludes that the concern for and risks associated with student populations crossing the tracks exists today because the proximity of these schools to tracks on which there is rail traffic is an existing condition. “The proposed action would exacerbate these issues along [the EJ&E}, but it is unlikely that [CN buying the EJ&E] would create conditions that do not currently exist.”

For more of the FEIS, go to www.stbfinancedocket35087.com <http://www.stbfinancedocket35087.com/>

>>The study is fundamentally flawed because it is based on the idea that the capacity being vacated by CN on current lines won’t be filled again by them or by another railroad.

**Consequently, the study shows benefits for current CN line communities outweighing negatives for EJ&E communities.

**Given projections for rail freight growth in Chicago over the next decade and the fact that the EJ&E will be AT CAPACITY based on what CN stated on its application, this increased freight volume needs to run somewhere and it would go to its existing lines.

**Result: NO BENEFITS to the region that outweigh the overwhelming negatives.

**Further, they didn’t analyze impacts from double-tracking of the EJ&E in ALL of the track’s existing right-of-way. Why wouldn’t CN double-track at some point to maximize operations along the EJ&E? Absent that real PROBABILITY being evaluated, the analysis is fundamentally flawed.

>>Why should regional and national tax dollars go to cleaning up a mess created by CN so it can maximize its profits? Should taxpayer dollars be invested at the whims of corporations rather than determined by regional planners? Aren’t we learning some real lessons by current corporate bail-outs?

Please call Durbin and Bean by Monday 12/8--Iit will take less time than waiting behind a train in the future. They must hear from us people on the ground (or I’m afraid it will in fact be Freight before People).

Dick Durbin’s DC Office: 202-224-2152

Melissa Bean’s DC Office: 202-225-3711
----------------
Some recent articles:

http://www.reuters.com/article/marketsNews/idUSN0546444320081205

http://www.suburbanchicagonews.com/newssun/news/1315450,5_1_WA05_MORECN_vS1.article

http://www.chicagotribune.com/news/local/chi-canadian-national-06-dec06,0,5885814.story

http://www.suburbanchicagonews.com/heraldnews/business/1317043,4_1_JO06_EJE_S1.article

--
Deborah Barry, Secretary | Al Barry, President
http://deerparkneighbors.com

Court Denies CN's Request for Expedited Decision

2008-11-10T17:59:00.002-06:00

In an email today from fightrailcongestion.com:

In an opinion just released today, the U.S. Appeals Court for the District of Columbia rejected CN's request to force the STB to make an expedited decision on its proposed acquisition of the EJ&E. The court ruled that CN failed to meet the standards for requesting such an extraordinary legal remedy.

You can read the full opinion in the documents section at www.fightrailcongestion.com.

CN Reports on EJ&E In 3rd Quarter Results Conference

2008-10-22T23:12:00.004-05:00

Email from fightrailcongestion.com today:

CN Thinks the Fat Lady Already Sang Her Song About the EJ&E!
administrator@fightrailcongestion.com

Yesterday, Canadian National Railway reported its third quarter results in a conference call with the investor community. In that call, CN's CEO E. Hunter Harrison was asked about the acquisition of the EJ&E. According to a Bloomberg.com report, Harrison replied, "I am hopeful we will get the transaction done by year-end,'" Harrison said. "I think the momentum has swung a little bit back in our favor."

So, CN thinks this is a done deal and that it's made the case that assures nothing will stand between it and transforming the EJ&E into an international rail freight superhighway?! That's the kind of invincible attitude that must come with paying expensive lobbyists over $350,000 every single quarter to grease its wheels in the halls of Congress. But, sometimes the big guys don't win against the little guys when the little guys just happen to have the facts on their side.

Who are the little guys that can win this one? It's you and me! It's the thousands of people who made the effort to tell the STB that CN's deal is a net negative for our region. It's the regular folks who have educated themselves and become active on the issue – people like Rita, Peter, Jeff, Bob, George, Art, Rosemary, Maureen, Carrie, Marie, Mike – the list is almost endless! It's the thousands of people who have signed up on the TRAC website asking to be called into action to do whatever it takes to combat CN.

But, we're not alone. We are joined in opposition by some big partners -- numerous members of Congress who have found that "Big Rail" believes it can do whatever it likes with impunity. They are actively involved in defending the region and need to keep up the fight WITH OUR FULL SUPPORT!!

We are also joined by various planning organizations and state agencies that are waving the red flag in our region to warn that we don't have the answers we need from an STB Draft Environmental Impact Study (DEIS) that is so seriously flawed in its omissions and erroneous analysis that it's almost worthless as the basis for making a rational decision on this transaction.

But don't take it from us that the DEIS is deficient – just read the comments filed by the U.S. Environmental Protection Agency – the agency that is required by law to sign off on EIS reports. The EPA rated this DEIS an "EC-2: Environmental Concerns – Insufficient Information."

You can find the EPA comments on the TRAC website at www.fightrailcongestion.com, along with numerous other DEIS filings. We urge you to review all these documents and become an increasingly effective voice for the region. Then use that voice to counteract any erroneous articles and letters to the editor you see in the media. Let your voices be heard loud and strong in every media outlet – serve as a truth squad on behalf of the region! In the weeks ahead, we will be highlighting the fallacies behind CN's claim that its deal has regional benefits. We are counting on you to get the message out against a relentless CN spin machine. Mr. Harrison -- this fight isn't over yet! In fact, the fat lady hasn't even arrived at the theatre!

What's Next for the Fight Against Canadian National?

2008-10-03T10:53:00.002-05:00

From fightrailcongestion.com:

On Thu, Oct 2, 2008 at 11:13 AM, wrote:

For the first time in the year since CN applied to the Surface Transportation Board to purchase the EJ&E rail line, we have a chance to make our opposition points clear to the public without the necessity to meet various regulatory comment deadlines in the review of this transaction. That's a real relief!

Now we have the chance to work with our elected officials at the state and federal levels as well as regional planning organizations to begin peeling back the misinformation that has surrounded this deal from day one. Unfortunately, much of what the public has heard about the benefits of this deal to the region over the last year has been based on CN deceptions, gross analysis inadequacies in the STB's draft environmental impact statement (DEIS) and plain old wishful thinking.

Unless the region takes charge and works cohesively to arrive at the truth, we have the potential of dealing with a regional freight congestion problem that will require a major taxpayer bail-out to fix. As Congress spends this week debating a $700 billion bail-out for our financial institutions, we have to wonder why they never saw the writing on the wall when banks were giving people 100% and no doc mortgages. It doesn't take a rocket scientist to know that these practices were akin to playing with fire. Now, we're all paying the price. Same thing with CN's proposed acquisition of the EJ&E -- this deal amounts to ominous writing on the wall for the whole region.

CN wants to increase its profits by growing freight congestion in the third largest metropolitan area in the country. Much of the freight that CN wants to move through the region is bypass Intermodal freight that originates in Asia, arrives at a port in Canada, and is meant for destinations in Memphis and beyond. This freight doesn't create any jobs or economic benefits here. There are alternatives that make sense for all Chicagoland communities and for all Class I railroads but the STB failed to evaluate them despite the fact that it is required to do so under federal environmental law. Why not invest scarce taxpayer dollars in a long-term solution to national freight congestion problems rather than using the public till to serve as a glorified shovel brigade piggy bank?

Historians know that the CEO of GM once said, "What's good for General Motors is good for the country.”" By today's standards a comment like that looks downright silly, but that doesn't stop CN's CEO insisting that what is good for CN is good for Chicago. As a region, we need to tell CN that we won't drink that Kool-Aid.

So, let's take a deep breath and then roll up our sleeves and get back to work. First, we ask that all opponents of the CN deal take a moment to contact their Members of Congress and thank them for their leadership on representing the region's interests through sponsorship of HR 6707. In the coming weeks TRAC will be working closely with our federal elected officials to insure we don't get an STB decision based on a DEIS that isn't worth the paper it was written on. Let our Members of Congress know you are supporting their efforts 100% and that you remain ready to do your part in the days ahead.

Congressional Office Contact Links:
Senator Dick Durbin (IL) -- http://durbin.senate.gov/contact.cfm
Senator Barack Obama (IL) -- http://obama.senate.gov/contact/
Senator Evan Bayh (IN) -- http://bayh.senate.gov/contact/
Senator Richard Lugar (IN) -- http://lugar.senate.gov/contact/
Rep. Melissa Bean (IL-8) --http://www.house.gov/bean/en.us.contactmyoffice.shtml
Rep. Judy Biggert (IL-13) -- http://judybiggert.house.gov/ContactJudy.aspx
Rep. Bill Foster (IL-14) -- http://foster.house.gov/Contact/
Rep. Ray LaHood (IL-18) -- http://www.house.gov/lahood/
Rep. Peter Roskam (IL-6) -- http://roskam.house.gov/Contact/
Rep. Peter Visclosky (IN-1) -- http://www.house.gov/visclosky/contact.htm
Rep. Don Manzullo (IL-16) -- http://manzullo.house.gov/Contact/

Last Few Hours To Contact the STB

2008-09-30T10:58:00.002-05:00

From:
Date: Tue, Sep 30, 2008 at 9:16 AM
Subject: 7 Hours & Counting – Contact the STB TODAY!

Today is it – our last chance as a region to tell the STB that we don't want the Board to allow CN to turn the EJ&E into a freight superhighway! IF YOU HAVE NOT DONE SO YET, YOU NEED TO WEIGH IN TO THE STB WITH YOUR COMMENTS. What you do TODAY can and will make a difference!

Nearly one year ago, CN applied to the Surface Transportation Board to buy the EJ&E and expected the deal would be wrapped up by this past spring. WRONG! We proved to them that we are a David against their Goliath, but we can never give up when it comes to fighting this deal.

The bottom line is that CN wants to increase its profits at the expense of our region. While we believe firmly that business interests are important, one company's interests cannot and should not trump the interests and concerns of Main Street Americans.

If this CN deal is approved, the entire region will see a huge increase of freight traffic as we become a high-speed bypass route for Intermodal traffic originating in Asia, shipped into Canada, and sent to Memphis and points beyond. There is nothing in this deal that benefits the greater Chicagoland region, which is why none of CN's promises have been put in writing. Talk is cheap, but real solutions to the region's problems with this deal are not.

If this deal goes through without the STB mandating that CN pick up ALL THE COSTS FOR NECESSARY MITIGATION, the region and the American taxpayers are going to be stuck with a multi-billion dollar tab to clean up the mess CN is creating! Whatever happened to the idea of "If you break it, you pay for it"?

SO, use the seven hours we have left to tell the STB it must say NO to CN! Here's how:

Written Comments: Comment forms or written letters must be postmarked by TODAY and mailed to:

Phillis Johnson-Ball
Surface Transportation Board
395 E Street, SW
Washington, DC 20423
Ref: STB Finance Docket No. 35087

Recorded Comments: Oral comments may be recorded on the project hotline: 1-800-347-0689.

Electronic Comments: Comments on Docket Number 35087 may be filed electronically by clicking on http://www.stb.dot.gov/Ect1/ecorrespondence.nsf/incoming?OpenForm

So, join the fight and get your friends, neighbors and colleagues involved. A little effort today can make the world of difference for our futures. A sample letter to the STB can be found under the Documents tab on the www.FightRailCongestion.com website.

House Transportation Committee Approves H.R. 6707!

2008-09-24T15:13:00.003-05:00

This is from an email sent by fightrailcongestion.com this morning:

The Committee that was reviewing H.R. 6707 – the TRACs Act -- passed the bill on a voice vote just minutes ago!

This bill is meant to level the playing field between the railroads and impacted communities in mergers like CN’s proposed acquisition of the EJ&E. It clarifies for the STB that it has the duty to reject transactions of this type if the public interest harms outweigh the transportation benefits.

THIS WAS A VITAL FIRST STEP TO GETTING THIS BILL ENACTED INTO LAW, BUT WE NEED YOU TO REACH OUT TO CONGRESSIONAL LEADERSHIP WITH THE MESSAGE THAT H.R. 6707 MUST BE PASSED INTO LAW PRIOR TO ADJOURNMENT.

Right now, Congress is in the midst of working with the Administration to find a solution to the economic meltdown that began with the subprime mortgage crisis. That crisis was started because an industry put its short-term profits above the public good, and as a consequence, American taxpayers will bear the economic burden. On a much smaller scale, that is what we are facing with the CN acquisition of the EJ&E. Unless H.R. 6707 passes, the railroads will continue to have the ability to secure increased profit margins at the expense of the communities in which they operate – and ultimately – all Americans. Absent adequate mitigation funding by CN, the American taxpayer will be faced with paying billions of dollars to clean up CN's mess in the region for decades to come if the STB approves CN's application to buy the EJ&E. Let's RESOUNDINGLY ask Congress to head off that burden on the taxpayer before it happens by passing H.R. 6707 NOW!

HR 6707: More Congressional Leadership Contact Links

2008-09-19T17:30:00.002-05:00

Next week is the deadline to get HR 6707 passed into law before Congress adjourns. I had previously given a list of Congressional leadership contacts, but I've added a few now. Please contact all of the following offices by Monday asking them to "Pass HR 6707."

House Speaker Nancy Pelosi -- AmericanVoices@mail.house.gov

House Majority Leader Steny Hoyer -- http://www.majorityleader.gov/email_and_rss/email_the_leader

Senate Majority Leader Harry Reid -- http://reid.senate.gov/contact/index.cfm

Senate Asst. Majority Leader Dick Durbin -- http://durbin.senate.gov/contact.cfm

Added:

Rep. John Boehner (House Republican Leader) -- http://republicanleader.house.gov/Contact/

Senator Mitch McConnell (Senate Minority Leader) -- http://mcconnell.senate.gov/contact_form.cfm

Senate Daniel Inouye -- Chairman, Senate Commerce, Science & Transportation Committee -- http://inouye.senate.gov/abtform.html

Using the links above, this will only take a few minutes of your time.

Rep Don Manzullo Testifies on HR 6707

2008-09-17T23:05:00.000-05:00

Congressman Don Manzullo testifies in front of the House Transportation Committee on HR 6707 that will require the government to more fully measure impacts on communities and residents when considering rail transactions, like the proposed sale of the EJ&E line to Canadian National that will bring 20 more freight trains through downtown Barrington each day.

Opinion Column in DH 9/16/08 about Attack on CN Foes

2008-09-16T13:39:00.006-05:00

There was an excellent letter to the editor in the Daily Herald today. It was from Gabriel A. Fuentes, an attorney with the law firm of Jenner & Block. It was published today in the Opinion section of the Daily Herald.

This editorial is one of the best commentaries on the CN acquisition that I have read so far. He basically addresses the issues of name calling against the CN opponents. He talks about how the communities that are fighting the CN deal are being called NIMBY's and environmental racists. Basically people are saying that by opposing the CN transaction we are seeking to protect wealthy communities populated by whites from the effects of rail traffic.

This so annoys me. First, I am not wealthy by any means. Not everyone affected by this is. Heck if I was, I'd just use my money to move! As for the race issue, that's a new one I haven't heard yet. We seem to find a way to make everything a race issue. So since I'm white I'm not allowed to protect my quality of life?

I really liked how Mr. Fuentes spelled out what the issues are. Is anyone even listening to us? At least this attorney is. What really irks me is that towns like Buffalo Grove and Des Plaines are supporting CN in hopes of getting less traffic. They are fully aware of the effects of excessive rail traffic, and instead of putting their efforts to find solutions for their problems over the last several years, they see the opportunity now to throw their problem in someone else's backyard. They also aren't recognizing, as Mr. Fuentes points out, that if this acquisition goes through, the effects on our communities will far surpass the kinds of problems they currently have. But I guess that's ok for them, huh? It won't be their problem anymore.

I have tried not to really slam the communities that are supporting this issue. I've taken it as their ignorant assumption that the acquisition will lift rail traffic from their area. This is not the case. There is no guarantee what the traffic on the other rail lines will be. CN is clear that they want to run more rail traffic through the Chicago area. The vacancies caused by the EJ&E will be short lived at best.

I've taken plenty of criticism since starting this blog, but up to now I've focused my attention against Canadian National. However, after flaming emails and even threats, I think I need to take my so-called "wealth" and boycott the communities that support this acquisition. Oh sure I'll miss some their restaurants and stores, but since they seem to despise my money so much, I think the time has come.

I agree with Mr. Fuentes. I have every right to speak up to protect my quality of life and oppose an acquisition that will destroy my community. So go ahead, continue to call me names. At least, I'm not idly standing around waiting to ditch my problem to another community.

Gabriel Fuentes, thank you for your commentary to the Daily Herald editor. I'm sending you a little "link love" in thanks.

Another Video of the STB Public Meeting in Barrington on 8/27/08

2008-09-15T18:02:00.004-05:00

At a regional meeting to present the findings of the Draft EIS and receive public comments, during a formal public meeting, Wallace, Miller and Leitner present their reactions to the findings.

Barrington Village President Speaks at STB Hearing

2008-09-15T17:58:00.003-05:00

Barrington Village President Karen Darch presents her reactions to the findings of the STB's Draft EIS during a formal public STB meetin g on August 27 at Barrington High School.

District 220 Superintendent Speaks at the STB Public Meeting

2008-09-15T17:55:00.003-05:00

District 220 Superintendent Tom Leonard presents his reactions to the findings of the STB's Draft EIS during a formal public STB meetin g on August 27 at Barrington High School.

Congress Reps Bean and Manzullo Speak at STB Hearing

2008-09-15T17:45:00.004-05:00

Congress Representatives Melissa Bean and Don Manzullo presented their comments to the STB on the draft EIS at the hearing at Barrington High School on August 27th.

I have to give kudos to Melissa Bean for leaving the Democratic National Convention to attend this important meeting for her district.

Thanks go to both representatives for their commitment and ongoing efforts to fight this acquisition!