Hot Topics

Hot Topics includes subject matter that remains newsworthy over a significant period of time with the potential to impact the character and integrity of the village. Items covered on this page will not change frequently. We will maintain the latest public status as the information becomes available. While not all of the subject matter may be in the “backyard” of all residents, the decisions have far reaching ramifications to the village as a whole and as such we encourage all residents to show support.

Duda Disconnection Update

Appellate Court Sides with Developer in De-annexation Flap

By Charles Keeshan | Daily Herald Staff
Published: 9/10/2008 4:47 PM

A state appeals court this week unanimously upheld a lower-court decision allowing a developer to de-annex 117 acres from Barrington Hills and make it part of unincorporated McHenry County. The decision, however, soon may be moot as the village and landowner are nearing a compromise allowing a controversial subdivision to go forward within the town's borders, Village President Robert Abboud said Wednesday.

"I think we're going to resolve it," Abboud said. "I have the feeling we are rapidly moving toward a successful conclusion. "The agreement could return all 485 acres de-annexed by the Fritz Duda Co. since 2004 back to the village, Abboud said. The company and its partners would be permitted to build homes, Abboud said, but the "vast majority" of them would adhere to the village's five-acre minimum lot size requirement. A proposed spray-irrigation system for treating and disposing of wastewater would be replaced by an underground septic system.

Unlike prior settlement proposals, a portion of the Duda property would not be annexed by neighboring Algonquin to allow a more dense neighborhood within the proposed Barrington Farms subdivision. "The best approach is to have the whole thing come back to Barrington Hills," Abboud said.

Dominic Signoretta, a vice president for Fritz Duda, said through a spokeswoman that the company is hopeful about a resolution, but declined further comment.

The company has been at odds with village leaders for nearly a decade over the future of its property near Haegers Bend and Spring Creek roads, adjacent to the town's border with Algonquin. After the village board rejected plans for a golf-course community, Duda sued in 2001 to de-annex 368 acres of the site. When the first suit succeeded, the company sued again, this time winning court approval to remove another 117 acres.

But the company's plans hit a huge snag in 2006 when the McHenry County Zoning Board of Appeals unanimously rejected its plans for the 371-home Barrington Farms subdivision on the initial 368-acre site. The rejection led company officials to open talks with the village, McHenry County and Algonquin aimed at reaching a compromise that would allow some type of development on what is now open space and farmland
. www.dailyherald.com/story/?id=234090.

Canadian National EJ&E

Acquisition News

Currently a major subject matter under Hot Topics is the Canadian National Railway proposed acquisition of the EJ&E lines. Most recent information is posted at the top of this section followed news of current value to the community. Once the topic is concluded, selected articles will be moved to the Village News Archive Pages. There are many websites and communities with public information. This community forum website is funded by the village and we have been specifically requested to post information on this topic on a frequent basis. The website content management is a volunteer effort. Ed.

Proposed acquisition of EJ&E rail lines from the Canadian National Railway. Photo courtesy of CN.ca.

Opponents of CN's proposed acquisition of the

EJ&E experienced a setback on HR 6707

Opponents of CN's proposed acquisition of the EJ&E experienced a setback when HR 6707 failed to receive the 2/3 super-majority vote that was needed for the bill to pass the House of Representatives. In a late afternoon vote, the bill received majority support with a vote of 243 in favor and 175 opposed. Unfortunately, because of the rules of debate, this majority vote was not sufficient to secure passage.

While we were disappointed that 175 Members of Congress felt that the special interests of Big Rail outweighed the interests of Main Street Americans, we urge all of our supporters to remember that this bill is a clarification for the STB of powers it already has to reject transactions based on detrimental impacts to the public interest. At the September 9 Congressional hearing before the House Transportation & Infrastructure Committee, STB Chairman Nottingham stated that the STB did have the option to reject transactions of this type if the negative community impacts outweigh transportation benefits.

SO, THE REGION NEEDS TO MAKE SURE THAT THE STB KNOWS – WITHOUT DOUBT – THAT CN'S PROPOSED ACQUISITION OF THE EJ&E IS A NET REGIONAL NEGATIVE. OUR GOAL IS FOR THE STB TO TELL CN THAT ITS APPLICATION TO ACQUIRE THE EJ&E IS REJECTED!


Written Comments: Comment forms or written letters must be postmarked by September 30, 2008, and mailed to: - ED: Dates past due. Retain references for possible comunications going forward. The STB is the final arbiter of the decisions and mitigation decisions regarding CN Railroad plans.

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. For more information, direct people to the www.FightRailCongestion.com website.

We need to make sure that CN is forced to sign on the dotted line when the STB spells out mitigation requirements in the Final Environmental Impact Statement.

House Speaker Nancy Pelosi -- http://www.AmericanVoices@mail.house.gov

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

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

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

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

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

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

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U.S. Regulators Reject Canadian National's
Request for Early Approval of Plan to Buy Railroad

By Richard Wronski
Chicago Tribune reporter
September 08, 2008 10:29 PM
Reprinted with Permission of author. Ed.

Federal regulators on Monday denied the Canadian National Railway Co.'s demand for early approval of its plan to buy a suburban railroad, a decision likely to draw a federal court into the proposal to re-route freight trains out of Chicago.

The U.S. Surface Transportation Board said it rejected the railroad's request because it would violate its environmental review process.

The railroad had no immediate comment on the board's decision, but said last month that it was prepared to ask the U.S. Court of Appeals in Washington to order the agency to rule on the sale if its request were denied. The company, based in Montreal, wants to buy the Elgin, Joliet &Eastern Railway for $300 million.

"We did reserve the right to challenge the decision in court," Jim Kvedaras, a CN vice president, said Monday.

Freight traffic through Chicago and scores of nearby suburbs would be reduced if the purchase is approved, but would sharply increase in dozens of other Chicago-area communities, officials say. The EJ&E runs in a 198-mile arc from Waukegan to Joliet to Gary.

Citing a Dec. 31 deadline for closing the deal with the EJ&E's owner, U.S. Steel., CN had asked the board to approve the purchase by Oct. 15 and determine the environmental concerns at a later date.

If it didn't complete the acquisition by December, the railroad said there was substantial risk that U.S. Steel would terminate the deal. But the board said its environmental review would not be finished until as early as Dec. 1 or as late as Jan. 31, 2009. The board's decision on the acquisition would follow as soon as possible after that.

In denying CN's request Monday, the board said that approval of the railroad's bid to buy the local line and the environmental analysis were "two links in the same chain" and needed to be studied together.

"We do not believe that it would be consistent with [federal environmental law] or agency precedent to consider the proposed [acquisition] separately from our environmental review," the board said.

The board's decision came as proponents of CN's plan lined up at a public hearing in Chicago to extol its benefit to residents of the city and to close-in suburbs that have been plagued for years by rail congestion.

At four hearings on the board's draft environmental impact statement two weeks ago, thousands of suburban residents from Barrington to Manhattan voiced opposition. Citing the board's report, critics said the increased freight traffic could hinder emergency responses in some communities and would mean long delays for some motorists stuck at blocked crossings.

Drivers would face long delays at 15 rail crossings in a dozen Chicago-area communities if the deal were approved, according to the environmental impact report. The report also identified 10 suburbs where increased freight traffic could hinder emergency responses.

But at a hearing Monday at Loyola University's downtown campus, two Chicago aldermen, a state representative and two University of Chicago professors joined a coalition of suburbs that back CN's plan.

They accused the board of ignoring parts of the region that would see fewer trains if the sale were approved.State Rep. Karen Yarbrough, whose 7th District represents Chicago's close-in western suburbs, was among those who said she faulted the board's hearing process for favoring opponents of CN's plan.

"Please do not tell my constituents that disruption to their lives from train congestion is less important than disruption to the lives of those along the EJ&E," she said at the hearing.Yarbrough said 59 commuter trains and 40 to 60 freight trains a day pass through Maywood, where she lives. "I have more commuter trains alone passing daily through my village than the total trains the communities on the EJ&E will see in one day," she said.

Ald. Pat Dowell (3rd) criticized the "me-first attitude" of some suburbs that think their interests are more important than Chicago's.

rwronski@tribune.com

TRAC co-chairs Karen Darch (Barrington) and Tom Weisner (Aurora)
asked to testify at September 9 hearing of the House Transportation & Infrastructure
Committee on the TRACS Act – H.R. 6707.

This bill would clarify that the STB is required to thoroughly consider the impacts of a transaction on the surrounding communities. The bill clarifies rail law to explicitly tell the Board that it shall not approve a transaction if the adverse impacts on safety and on affected communities outweigh the transportation benefits of the transaction.

H.R. 6707 is legislation that is long overdue. Right now in rail transactions the railroads are in the driver's seat inasmuch Big Rail's interests not only outweigh the interests of impacted communities, but an action by a private company can trump the hard work of policymakers at all levels of government when it comes to defining and addressing the nation's transportation investment needs.

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"With 50% of the STB Public Hearings completed,the region
roared its disapproval of CN’s proposed acquisition of the EJ&E
by showing up more than 6,000 strong to 'Just Say No!'

1) Additional sponsors for H.R. 6707 – the TRACS Act. Since all our local delegation members are already sponsors of that bill, reach out to family and friends across the country to have them ask their Members of Congress to sponsor a bill that insures communities aren’t second class citizens to Big Rail in deals of this type. There is a summary sheet on the issue you can e-mail to your contacts on the www.fightrailcongestion.com. It is titled "One-Pager on Congressional & STB Action" under the "Documents" tab in the "Coalition Documents & Press Releases" subcategory.

2) Passage of H.R. 6707 before Congress adjourns in late September. Go to www.house.gov and type in your zip code on the upper left-hand corner of the home page to find out who represents you in Congress. You can then click onto the correct congressional website and send on-line comments about H.R. 6707 directly from that office’s contact link. Just say, Please pass the TRACS Act now!"

Through our concerted action, we have the opportunity to defeat a private business deal that is harmful to the region. But, don’t think someone else is going to do the heavy lifting for you. YOU NEED TO GET INVOLVED TO DEFEND YOUR INTERESTS BEFORE IT’S TOO LATE!

Barrington August 27 Meeting and Call to Action

As one of the ~5000 people in attendance in Barrington on August 27, it is apparent we still need every positive voice we can get! Congressional representatives Melissa Bean and Don Manzullo gave rousing speeches along with elected and appointed officials and representatives from local organizations.

One of most moving talks came when Dr. Tom Leonard, head of District 220 Schools, spoke about the impact on the schools and the risks to our children, stating that 842 times in a single day the school buses go across EJ&E lines and over a thousand students walk across the tracks to school. The EJ&E tracks are 600 feet from the high school.

Good Shepherd Hospital representatives made it strikingly clear they cannot save lives unless people can get to them quickly, and not all hospitals in our area are equally equipped to handle each type of trauma, heart or stroke condition.

The speakers from the STB left many of us with the impression there are no alternatives and the current railway laws are insufficient to guide the STB to make a decision on criteria other than whether the rail lines cause an anti-competitive situation in the area. This is true even if they add over 70 caveats before their decision. Most speakers made it clear that they perceive no real mitigation that makes us safe and protects and preserves our communities and our ground water. Outmoded railway laws need to be updated. CN and the STB are rushing this decision like their trains rushing toward us on the tracks. We have to get legislation passed to help the STB support us and not support foreign corporate interests.

There is still time to be heard. If you do not call ahead to reserve time to speak, it is unlikely you will find yourself on the speakers list due to time constraints. Court reporters are there and will take dictation and let you speak privately "on the record" for a reasonable length of time. Everyone who comes can fill out a comment form and the STB representatives agreed all comments received before September 30 will be evaluated equally. Ed.

STB Posters showing the EJ&E routes and major towns impacted.

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CN's Planned Acquisition of the EJ&E Railway

Summary
Transcripts of all STB CN public meetings will be available on the Board’s website, http://www.stb.dot.gov, approximately two weeks after the public meetings in mid September. Public comments can be made until September 30 to be included in the consideration.

Canadian National Railway and EJ&E Environment -
Opponents to and Proponents for the Draft Environmental Impact Statement (DEIS)

The following information was compiled and edited from several sources. This initial information provides a a listing of the key meetings being established near term to address the DEIS and provide critical input before the Final EIS Recommendations. The Calendar Page carries key dates that affect Barrington Hills and the greater Barrington area residents.

The STB released its long-awaited DEIS today -interested parties can review this huge document at the STB website: http://www.stbfinancedocket35087.com/html/deis-report.html.

Because it will take time to review and evaluate the DEIS, the TRAC Group is just releasing this preliminary statement:

TRAC (The Regional Answer to Canadian National) Coalition represents more than 40 suburban communities throughout the suburbs in response to the STB Environmental Impact Study:

Excerpt from Commissioner Buttrey: “The Board must be very sensitive to the environmental issues being raised by local communities, and I am confident that these concerns will be fully explored and considered in the EIS being prepared on the schedule we adopt today. I urge all interested parties to participate actively in this process. At the end of the environmental review process, I will carefully consider the recommended mitigation conditions that are generated, and they will factor importantly in my decision-making process. However, based on what I see now on the record, and what I saw when I recently visited the affected communities, it is hard for me to imagine how even the most far-reaching mitigation measures would be enough to offset or balance the environmental detriments that would flow from this proposal.”

Bean Denounces Draft EIS in CN Rail Deal;
Announces Congressional Field Hearing

”The Environmental Impact Statement must be revised to reflect impact to community”

WASHINGTON – Congresswoman Melissa Bean (IL-08) sharply rebuked the Surface Transportation Board for the draft environmental impact statement released today in its consideration of Canadian National’s proposed purchase of the EJ&E rail line.

“This draft from the STB is highly disappointing, as it seems to endorse allowing a private company to destroy local communities’ quality of life, safety and economies, while expecting those communities to pick up the tab,” Bean said. “This is another example of a federal agency failing its responsibility to the American people by serving industry special interests over our nation’s taxpayers.

“My colleagues and I will be communicating to the STB our strong objections to this draft, which does not reflect American values, and will work to ensure that the final EIS better protects the rights of our constituents and communities,” Bean said.

Bean will hold a joint Congressional field hearing with other members of Congress on August 5, to take testimony from experts and the community. Bean will be joined by fellow Reps. Peter Roskam (IL-06), Judy Biggert (IL-13), Bill Foster (IL-14), and Don Manzullo (IL-16). Results from that hearing will be submitted to the STB for consideration in the final version of the EIS. [Ed. Location of meeting not announced at this time, July 25.]

The STB, a three-member panel appointed by the Bush Administration, will have final authority to approve or disapprove CN’s proposal.

More than 40 communities oppose this transaction, which would result in up to a 400 percent increase in rail traffic along the EJ&E line. The increase will have a significant negative impact on traffic congestion along major roads, public safety, quality of life, environmental quality, and local economies.

At Congresswoman Bean’s request, the STB began an environmental review of the transaction last year. During the initial phase to determine scope of the impact, the STB saw an unprecedented turnout at its public meetings, with nearly 3,700 total comments received. Today’s draft EIS contains the recommendations from the STB’s Section of Environmental Analysis.

The release of today’s draft EIS marks the beginning of a comment period, when the community is invited to weigh in about what is missing from the agency’s environmental review. After that comment period closes, the STB staff will make changes to the EIS and issue a final version. The board will then make a final decision on the transaction, and any possible mitigation, based on the recommendations contained in the EIS.

“Federal and local elected officials and thousands of citizens have been working in good faith with the STB,” Bean said. “STB Chairman Chip Nottingham promised diligent and respectful consideration of our concerns. This draft suggests his agency is more concerned with appeasing the rail industry then protecting Americans from an egregious tax burden and gross injustice that destabilizes their communities.”

Below are just some of Bean’s objections to the draft version of the EIS:

(1) Egregious burden on local taxpayers. Local taxpayers will face an overwhelming burden to fund mitigation for a project they do not want and do not benefit from, according to the draft EIS recommendations. The EIS studies only 87 of the 133 grade crossings and determines that only 15 of them will face “substantial effects,” with road traffic delays of 40 hours per day or more or obstruction of major arterial roads. It is likely that far more crossings will face significant impacts, but even for those designated the EIS is vague in its recommendations for mitigation. The draft provides a range of possible options that gives the public no clear view into the eventual final recommendation, but at best the EIS suggests that CN should pay only 5 to 10 percent of mitigation costs. With grade separations costing about $50 million each, this amounts to a major public tax subsidy for CN.

(2) Ignores effects on Metra’s STAR line. Metra, which provides 83 million rides to suburban and city residents each year, says CN has not committed to sharing tracks along the EJ&E. The proposal threatens construction of the long-awaited suburb-to-suburb Metra STAR Line. But the draft EIS seems to ignore this problem, stating that the proposal “would not preclude the implementation of this service.”

(3) No help for public safety. With long trains possibly blocking crossings for long periods at a time, entire sections of some communities may be cut off from police and emergency services. The Draft EIS identifies 11 different communities that will face “substantial” effects to their police, fire and EMS services, but again provides no specific suggestion for mitigation. Suggestions range from increased communication to moving police and fire stations, but no mention is made of CN’s share of funding for these expensive projects.

(4) Insufficient information from CN. CN’s projections on increased traffic along the newly-acquired track only extend for five years. The final EIS should require projections over longer periods of time so the full impact of the proposal can be assessed.

(5) No enforcement. For all suggested mitigation, the draft EIS suggests that the board should only exercise oversight authority for the first three years of the transaction. After that, communities would be on their own.

Congressman Pete Visclosky of Indiana
Released this Statement today in Response to the DEIS

“In the eleventh hour of the Bush Administration, his appointees on the STB have put Canadian National ahead of the interests of millions of Americans.”

“The STB’s double whammy on the CN/EJ&E acquisition today is bad news for Northwest Indiana and I cannot stand for it. By denying CN’s request for the establishment of time limits on the proposed acquisition the STB appears to have ruled in favor of the affected communities. However, it simultaneously denied the people’s request to extend the comment period on the Draft EIS to 120 days, opting instead to limit it to 60, which is only 15 days more than the minimum required by law. Further, today’s release is much earlier than the anticipated late summer release the STB had conveyed to me. This accelerated review process tacitly favors CN over the impacted communities.

“The Draft EIS released today is nine inches thick and thousands of pages long, requiring great time for review and consideration. Restricting the public comment period on it to 60 days denies the people of Northwest Indiana a reasonable opportunity to fully consider its contents and weigh in on it. On top of that, the STB plans to hold only one public meeting on the issue in the [Indiana] region, a grossly inadequate opportunity for discussion.

“Should the acquisition be approved, it would result in a three-fold increase in rail traffic on the existing EJ&E line in Northwest Indiana. With as many as 34 trains per day running on the track, it would bisect our communities, impeding the flow of automobile traffic and creating a considerable public safety concern. The proposed acquisition would also create new obstacles to the expansion of the South Shore Line and would hinder the expansion of Gary/Chicago International Airport. Public opposition has been widespread.

“I remain vehemently opposed to the acquisition and will continue to work with Senators Lugar and Bayh, Governor Daniels, and my like-minded colleagues from Illinois to stop it. In the coming days I will carefully review the entire Draft EIS and determine the best course of action to protect Northwest Indiana’s communities from this threatening transaction.”

More Opponents to the CN – EJ&E Draft Environmental Impact Statement http://www.stbfinancedocket35087.com/html

“The summary alone of a draft report by federal regulators on the Canadian National Railway's proposal to buy the EJ&E railroad is 54 pages of transportation “wonkery.”

"But it didn't take long for politicians opposing the deal to give their opinion - they hate it. The environmental impact statement released Friday by the U.S. Surface Transportation Board is preliminary. Officials point out numerous flaws in the planned purchase.” Staff Writers for the Daily Herald: Rebecca Boykin and Jake Griffin.

“CN plans to move freight from a number of its Chicago-area tracks onto the EJ&E which runs in an arc roughly from Waukegan to Gary, Ind. The proposal would relieve train traffic in the urban center, CN officials say, but their concept has drawn fierce protests from towns along the EJ&E line, such as Barrington and West Chicago that would experience substantial increases in freights. Not surprisingly municipalities that will benefit by less trains support the acquisition.

Already U.S. Reps. Judy Biggert, Melissa Bean, Peter Roskam and Don Manzullo decried the study by the STB, which has ultimate authority over CN's purchase request.

Judy Biggert, a Hinsdale Republican, called it "wholly inadequate," while Melissa Bean, a Barrington Democrat, said, "I think it reflects their track record of prioritizing the railroad industry's concerns over the rights of citizens."

CN leaders took heart from the draft, noting it conformed with the railway's view that environmental proceedings raised by the proposed merger weren't unusual and could be mitigated.

STB staff concluded that the Canadian company's plan would not affect existing Amtrak or Metra service. However, researchers noted the changes could "introduce potential operational complexities" as regards Metra's proposed STAR line, a future commuter rail service linking west, north and south suburbs.

Peter Roskam, a Wheaton Republican, contended that "the STAR line is in jeopardy, and CN so far has not been able to make those concerns go away."

Metra officials deferred comment on the impact statement.

Range of concerns:

• “One concern by towns objecting to the merger is that it would create safety problems at grade crossings and delay emergency vehicles. The draft report notes that at-grade crossing accidents would increase from four and a half a year to six along the EJ&E but drop from 6.26 annually to 3.79 on CN lines. Overall, accidents would decrease by 8 percent, officials projected.”

• “Regulators also noted that 15 at-grade crossings would be substantially affected by more trains including sites in Lake Zurich, Barrington, Aurora, Plainfield and Joliet. The report suggests remedies such as grade separations, and it urges communities, CN and the state to work together to secure funding.”

• “The report multiplied the number of vehicles driving on certain crossings by the time motorists would wait for trains. Estimates per day ranged from 50 minutes to 149 hours, counting all crossings. Fuel use by cars idling while freights rumble by could equal 84,000 gallons a year by 2015, the study predicted.”

• “The STB singled out 11 fire and police departments that could face significant train delays at crossings including first-responders in Lake Zurich, Barrington, Bartlett and Mundelein. Staff suggestions for dealing with that ranged from relocating stations to offering better notice to police and fire about approaching trains.”

Barrington Village President Karen Darch said officials were still reading the statement but took heart from one STB member's comments that even the most far-reaching mitigation efforts might not be enough to offset the detriments.

West Chicago Mayor Michael Kwasman said, "I don't think it's balanced as far as the environmental issues are concerned and they've totally ignored West Chicago and the village of Wayne being able to provide ambulance and fire services."

The final environmental impact statement should be ready between December 1, 2008 and January 31, 2009 and a decision is expected shortly after.”

Proponents of the CN – EJ&E Draft Environmental Impact Statement http://www.stbfinancedocket35087.com/html

“The environmental impact statement released Friday by the U.S. Surface Transportation Board is preliminary. Officials point out numerous flaws in the planned purchase but also note it will ease freight train congestion in the region, and they offer some suggestions to alleviate problems.”

Information quoted from an article July 25 by Daily Herald Staff Writers Rebecca Boykin and Jake Griffin. Ed
.
“Jim LaBelle, a vice president of the civic organization Chicago Metropolis 2020, which supports the merger, said the board didn't "whitewash" any issues. "They pointed out the pluses and minuses," he said.

CN leaders took heart from the draft, noting it conformed with the railway's view that environmental proceedings raised by the proposed merger weren't unusual and could be mitigated.

STB staff concluded that the Canadian company's plan would not affect existing Amtrak or Metra service.

Metra officials deferred comment on the impact statement.

Regulators also determined that the number of trains rumbling along the EJ&E tracks is not likely to exceed projections by CN, a possibility opponents have stressed.

The draft report notes that at-grade crossing accidents would increase from four and a half a year to six along the EJ&E but drop from 6.26 annually to 3.79 on CN lines. Overall, accidents would decrease by 8 percent, officials projected.

Regulators also noted that 15 at-grade crossings would be substantially affected by more trains including sites in Lake Zurich, Barrington, Aurora, Plainfield and Joliet. The report suggests remedies such as grade separations, and it urges communities, CN and the state to work together to secure funding."

Other ways of minimizing impacts, the report says, would be with train curfews during rush hour, increases in train speeds and establishing a traffic impact fund that CN would pay for the changes.

The STB singled out 11 fire and police departments that could face significant train delays at crossings including first-responders in Lake Zurich, Barrington, Bartlett and Mundelein. Staff suggestions for dealing with that ranged from relocating stations to offering better notice to police and fire about approaching trains.

In contrast, Des Plaines Alderman Marty Moylan said the merger will help alleviate traffic caused by trains in the city, which has dozens of grade crossings. "The trains should move out west. It's better for commerce," Moylan said.

A joint congressional hearing on the issue is planned for August 5. Details will follow.” The final environmental impact statement should be ready between December 1, 2008 and January 31, 2009, and a decision is expected shortly thereafter.

Canadian Railway Barrington Rally Update

Fight Rail Congestion

The Regional Answer to CN (TRAC) and the Barrington Coalition are kicking off a series of public opposition rallies, the first of which was held Sunday, June 29 in Barrington. Over 500 people were in attendance per the Barrington Courier-Review. The goal is simple -- to ask that Members of Congress intervene in protecting this region from CN through a legislative solution that blocks the company's plans to send an onslaught of freight trains through our communities. Everyone is invited to show up and make the point to CN that we will not stand by and see our communities destroyed without a fight! Check the www.fightrailcongestion.com website regularly for details.

Newspapers are good sources of current CN related articles. Go to the Links and Resources Page for Newspapers in the area. See April 25, 2008 article below for contact information for your elected officials. We are being asked to continue to write and share our views.

CN Receives Unsatisfactory Performance Rating for
Safety and Environmental Responsibility

Canadian National Railway (CN) received the lowest grade level possible on implementing safety management systems (SMS) that are designed to offset accidents and other safety hazards, according to a report released by the Standing Committee on Transportation, Infrastructure and Communities on Rail Safety in Canada.

Sparked by an increase in recent rail accidents in Canada over the last few years that according to the Committee, have caused “serious” repercussions in terms of “human fatalities and environmental damage,” the report cited CN for several safety concerns that include failed communication between senior management and frontline workers on clearly defining management’s commitment to safety; limited training for newly hired employees and creating a “culture of fear” for workers with regard to non-punitive reporting on safety violations.

The Committee stressed it has serious concerns regarding both the delays and the manner in which the SMS has been implemented by the railway. On a scale of one to five, with five being the optimum level, CN was at level 1 or 2. “This is not, in our view, acceptable progress,” the report noted.

The Advisory Panel for the Railway Safety Act Review, which was enacted last February, reported that CN along with other railroads and Transport Canada have not made sufficient progress in attaining this goal and noted that safety has not been a “high enough priority for the railroads.”

“This raises serious concern about CN’s safety record,” said Barrington Village President Karen Darch. “Canadian National wants to quadruple train traffic in U.S. communities at a time when it’s under serious scrutiny in its own backyard.”

These findings come as CN faces increased opposition from community groups and elected officials, including Senator Barack Obama, Senator Dick Durbin and Congressman Melissa Bean who oppose the purchase of the Elgin, Joliet and Eastern Railway (EJ&E) by CN. The Barrington Communities Against CN Rail Congestion and The Regional Answer to CN (TRAC) represent the interests of more than three dozen municipalities, counties and other community groups. The coalition maintains that the increase in freight traffic will cause additional safety and environmental risks and points to the report’s findings as evidence to their claim.

“CN must be held accountable and explain how it will make safety a top priority before this acquisition is even considered,” said Mayor Thomas Weisner of Aurora. “It is the STB’s responsibility to seriously evaluate these findings before deciding the fate of this acquisition.”

“CN’s strict adherence to a rules-based approach, focused largely on disciplinary actions when mistakes are made, has instilled a ‘culture of fear and discipline’ and is counter to effective safety management systems,” the Advisory Panel stated. “CN needs to acknowledge this openly and take concrete steps to improve.”

The report, which was released last month, provides recommendations to both government regulatory agencies and railroad companies on how to improve the industry’s safety record.

“Canadian National wants to build a rail superhighway through our communities but in light of this recent report it should be prohibited from expanding any U.S. operations until it can prove it is committed to operating in a safe and responsible manner,” according to DuPage County Board member Jim Healy.

CN was among several rail companies and groups of key stakeholders including employees, environmentalists and the general public that participated in the study. However, CN received the most scrutiny for its failure to adequately address safety issues ever since railroads were required seven years ago to implement SMSs.

In June coalition members called on Congressional leaders to pass legislation to augment current rail law to reflect the needs of communities in the 21st century. Currently the U.S. Surface Transportation Board (STB) is reviewing CN’s proposed acquisition of the EJ&E. The STB has the authority to approve, deny or approve this acquisition with contingencies. For more information or to see of copy of this report visit www.fightrailcongestion.com. See article from June 1 and read more on local background and resources so you can participate

Canadian National Lobbying Springfield - Write to Government Officials and Newspapers

The Fight Rail Congestion group learned that Canadian National has hired a consultant in Springfield to rally the troops in support of an expedited approval process from the Surface Transportation Board (STB) for its proposed transaction of the EJ&E. This consultant is asking legislators and local mayors of the supposed “80+ communities that will benefit” to write letters to the editor in response to stories about the issue.

We need opponents to do the same, so please weigh in by writing your own letters to the editor and contacting your local and state elected officials to do the same. You can go on-line to write a letter to the editor if you read something in your local paper, so it is quite simple and won't take much time. To find the contact information for your State Senator and State Representative, visit: www.ilga.gov.

”CN is trying to paint this issue as one of elitist suburban communities trying to block regional progress, so we need to demonstrate our united opposition along the entire line.”

Go to www.fightrailcongestion.com if you need more background information. The group posted CN's request to the STB for expedited review of the transaction as well as the Barrington Coalition's response. For links to local Newspapers go to the Links and Resources Page.

STB Releases Final Scope of Study for CN acquisition of EJ&E

On April 25, 2008, the Federal Surface Transportation Board (STB) released the Final Scope of Study for the proposed Canadian National Railway (CN) acquisition of the EJ&E Railway Lines. Go to the STB Related Documents section of the www.FightRailCongestion.com website.

The Mayor of Barrington Hills, Robert Abboud and Mayor of Barrington Karen Darch and surrounding community Mayors formed a coalition to create and maintain continuous vigilance and stay in communication with all parties and elected officials in opposition to the acquisition.

The Fight Railway Congestion organization is asking for help:

“.. we are asking YOU to act as a “truth squad responder” in holding CN’s feet to the fire by following stories on-line in your local papers and responding to the CN mythology each and every time you see it. Write from your heart and you will be part of a force that CN can’t match with its manufactured spin.

We’re calling out to you in Barrington, Bartlett, Mundelein, Lake Zurich, Wayne, Griffith, Plainfield, Joliet, Lake Barrington, Aurora, Naperville, Hawthorn Woods, Inverness, Deer Park, Long Grove, South Barrington, Schererville, Hoffman Estates, Richton Park, Crete, New Lenox, Geneva, West Chicago, Cary, Vernon Hills, Elgin, North Barrington, Hawthorn Woods, Wauconda, Lakemoor, Frankfort, Fox River Grove, Barrington Hills, Batavia, Centralia, Woodstock, McCullom Lake, Tower Lakes, Algonquin and beyond. Remember, there is power in the pen!”

Residents are urged to communicate directly with their elected officials:

Representative Melissa Bean
1622 E Algonquin Road, Suite L
Schaumburg, IL 60173
Phone: 847-925-0265
Fax: 847-925-0288

Representative Mark Kirk
707 Skokie Boulevard, Suite 350
Northbrook, IL 60062
Phone: 847-940-0202
Fax: 847-940-7143

Senator Dick Durbin
230 S Dearborn St.
Suite 3892
Chicago, IL 60604
Phone: 312-353-4952
Fax: 312-353-0150

Senator Barack Obama
John C. Kluczynski Federal Office Building
230 South Dearborn St.
Suite 3900 (39th floor)
Chicago, Illinois 60604
Phone: 312-886-3506
Fax: 312-886-3514

Regional Opponents including Barrington Hills
Mayor Tell CN Shareholders: We are Opposed to the Deal

Mayor Karen Darch of Barrington, Mayor Tom Weisner of Aurora, Mayor Bob Abboud of Barrington Hills and Mayor Bruce Sauer of North Barrington shared a regional message of opposition with reporters from CBS, Chicago Tonight, Fox News, The Chicago Tribune, WBBM, WGN Radio, The Daily Herald and Meddill School of Journalism.

They also attempted to respectfully deliver our [Fight Railway Congestion] letter of opposition to shareholders, but were asked by security forces to leave the hotel.

Canadian National Railway Website
Report Excerpts of Information Filed with US Securities
Commission and Canadian Securities Regulators

The Canadian National Railway website lists the following information as a requirement of being a publicly held company. While none of this is new to railroads in general, if the US Federal STB approves CN’s purchase of the EJ&E railroad lines that run through a portion of Barrington Hills and nearby communities, the volume of rail business and increase in rail traffic and rail lines through the community will bring a significantly higher level of risk directly to our community and surrounding communities. It is for this very reason that the leadership in the village are fighting so hard to protect the environment. Our position is to use the rails to haul people not freight through this area.

Photo taken near the EJ&E Tracks in Barrington Hills.

There is a significant amount of press both for and against the CN purchase in the press in Illinois and Indiana especially. The Village officials who oppose having the increased traffic in the community and all associated risks are at times being criticized for having a “Not in My Back Yard” (NIMBY) attitude. The criticism implies the area is against logical progress and for having more trucks and traffic on the roads. It is imperative that every person in this vicinity understand the whole story ask legislators to support us and protect this Village and area and our environment overall. We are thinking globally and acting locally. We are all asked to become “Truth Responders” and reply with our own letters to the editors when we see news articles that favor CN’s plans at the expense of the local environment.

Environmental Matters:

“The Company’s operations are subject to numerous federal, provincial, state, municipal and local environmental laws and regulations in Canada and the United States concerning, among other things, emissions into the air; discharges into waters; the generation, handling, storage, transportation, treatment and disposal of waste, hazardous substances and other materials; decommissioning of underground and aboveground storage tanks; and soil and groundwater contamination.

A risk of environmental liability is inherent in railroad and related transportation operations; real estate ownership, operation or control; and other commercial activities of the Company with respect to both current and past operations…..”

“In railroad and related transportation operations, it is possible that derailments, explosions or other accidents may occur that could cause harm to human health or to the environment. In addition, the Company is also exposed to liability risk, faced by the railroad industry generally, in connection with the transportation of toxic-by-inhalation hazardous materials such as chlorine and anhydrous ammonia, commodities that are essential to the public health and welfare and that, as a common carrier, the Company has a duty to transport. As a result, the Company may incur costs in the future, which may be material, to address any such harm, including costs relating to the performance of clean-ups, natural resource damages and compensatory or punitive damages relating to harm to individuals or property.”

“The ultimate cost of known contaminated sites cannot be definitively established, and the estimated environmental liability for any given site may vary depending on the nature and extent of the contamination, the available clean-up techniques, the Company’s share of the costs and evolving regulatory standards governing environmental liability. Also, additional contaminated sites yet unknown may be discovered or future operations may result in accidental releases. For these reasons, there can be no assurance that material liabilities or costs related to environmental matters will not be incurred in the future, or will not have a material adverse effect on the Company’s financial position or results of operations in a particular quarter or fiscal year, or that the Company’s liquidity will not be adversely impacted by such environmental liabilities or costs.”

Personal injury and other claims

“In the normal course of its operations, the Company becomes involved in various legal actions, including claims relating to personal injuries, occupational disease and damage to property. “

Note: Excerpts FROM CN’S MANAGEMENT’S DISCUSSION AND ANALYSIS, REPORTED UNDER U.S. GAAP, FOR THE 2007 ANNUAL REPORT THAT WAS FILED WITH THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION AND WITH THE CANADIAN SECURITIES REGULATORS.