Action Needed Today : Yes on HR68!

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?

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

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

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

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

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

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."