Hot Topics :: The Village of Barrington Hills

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 may 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. Latest news in each topic area will be at the top followed by references and older information.

CN - Canadian National Railroad - Last Update December 31, 2009

The acquisition of the EJ&E lines by the Canadian National Railway was approved by the Federal Surface Transportation Board on December 24, 2008. 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.

Barrington Hills Residents - Update December 2009 - Call to Action for 2010!

Because the region has created a strong record of complaints against CN around excessive noise, vibration and quiet zone violations, the Surface Transportation Board (STB) has agreed to institute a field monitoring process that will evaluate what is occurring along the EJ&E. TRAC is still in the initial stages of working with the STB to define this process and when the monitoring will begin, but we need your help to expedite this process once the details are ironed out!

While TRAC has an excellent record of complaints that has pinpointed some hot spots for noise, vibration and quiet zone violation problems, we want to insure that the list we provide to the STB is fully comprehensive.

"IF YOU HAVE EXPERIENCED RECURRING PROBLEMS THAT YOU WOULD LIKE TO HAVE FIELD-MONITORED FOR NOISE AND/OR VIBRATION LEVELS, PLEASE LET US KNOW. IN ADDITION, WE WILL NEED YOUR AGREEMENT TO ALLOW THE STB CONTRACTORS TO GAIN ACCESS TO YOUR PROPERTY FOR SETTING UP THE EQUIPMENT."

If you are interested in participating in the field monitoring process, please contact TRAC by e-mail at info@fightrailcongestion.com. TRAC will need specific information from you:

Once we have the monitoring plan finalized with the STB, we will provide the Board the list that TRAC has created so that the field monitoring process can begin. The deadline for getting these requests into TRAC is Sunday, January 10. Please feel free to distribute this e-mail freely if you know of someone who has been troubled by CN's operations and might be interested in serving as a monitoring location.

To everyone in the region, TRAC thanks you for your ongoing efforts to register complaints about CN operations as they occur!

Fall Newsletter - 2009 - President Abboud on Canadian National

Normally, I discuss the many positive things the Village is doing. Today, however, I will discuss a significant potential threat to our community – the Canadian National Railroad's operation on the EJ&E.

The Issue: The problem is, with CN's purchase of EJ&E and the scheduling of large numbers of 2+ mile unit freight trains, the risk to our community from a serious accident has substantially increased. Earlier this year, a CN train derailed at the Mulford crossing in Rockford. The derailment involved at least 18 tank cars, from a 114-car long train, holding tens of thousands of gallons of highly flammable ethanol. These cars violently exploded and burned, injuring people nearby and incinerating a 41-year-old woman as she tried to run to safety from her car stopped at the Mulford crossing.

Tens of minutes prior to the accident, a number of 911 calls were made by people in the area indicating a serious problem with the tracks due to flooding. Yet, the local police dispatch had no mechanism to stop the train prior to the accident. In addition, local government had no information as to the manifest regarding the train's cargo.

The accident taxed the abilities of local governments to respond and mitigate the damage and injury to people and the environment. Fortunately, the cargo on the derailed cars was only ethanol and not chlorine, R-134, anhydrous ammonia, acid, etc. Had this accident occurred at Lake-Cook Road in Barrington adjacent to the high school, one can only imagine the impact to our community. This is exactly the type of accident we were concerned about during the CN / EJ&E STB hearings.

CN's Problem - Arrogance: After the Rockford accident, I requested CN representatives to meet with the BACOG mayors to discuss rail safety. It took more than 4 weeks for this meeting to be accepted by CN, the most telling issue was their apparent arrogance and disdain for our concerns. This arrogance and lack of federal oversight contributes to the frequency of freight derailments in our region. Simply Google Canadian National derailment or review the Federal Railroad Administration statistics for the frequency and severity of this problem.

Prior to the Rockford accident, the National Emergency Number Association (NENA) issued standards that provide for railroads, police and fire to communicate directly to mitigate accidents. CN has refused to participate on interoperability of communications with police and fire dispatch centers. CN has also refused to provide our police department personnel with necessary training to address rail issues and accidents, including hazardous materials. It is notable that if a factory containing hazardous or flammable materials were to be located in our community they would be required to provide this type of training, response and support equipment.

To CN's credit, they are working with us on installing grade crossing cameras to help our police determine which crossings are blocked to reroute emergency response vehicles where possible. The fundamental problem is little or no federal regulation governing the transport of hazardous and flammable materials, and the inter-mixing of cargo types on a single train. In addition, there is little support for communities to provide emergency response. Our Congressmen have not brought
forward legislation on this issue, including Don Manzullo whose district this accident occurred in.

What We Are Doing: The Village is working to develop new state legislation to regulate certain types of shipments similar to interstate and intrastate truck traffic regulations concerning hazardous materials. We have received support from mayors throughout the region and state. If you have expertise in these areas, I would be interested in hearing from you. We are also working with CN to adopt and implement the NENA communications standards in our community.

Our Way Forward: We are working to upgrade the CN / EJ&E crossings with cameras and other equipment to mitigate emergency response delays caused by the increased rail traffic. We are also working to provide our police department personnel with more training and equipment necessary to address these increased risks.

I encourage you to continue to communicate directly with me and the Trustees. We need your feedback and ideas. Attend our regular Board and committee meetings and get involved. I can be reached directly by e-mail or phone and I look forward
to hearing from you.

Robert G. Abboud
President, Village of Barrington Hills
Village Hall Office: 847-551-3000
Home: 847-381-8174
Cell: 847-921-1932

Inter-Department Agreement to Reduce Risk

Of Service Delays Caused by CN Freight Trains

BARRINGTON, IL. The Barrington Countryside Fire Protection District (BCFPD) has strengthened its automatic aid agreement with the Lake Zurich Fire and Rescue Department to reduce the risk of emergency response delays caused by freight trains running through the heart of the District, Deputy Fire Chief John Feit reports. See Village News 2009 Archives Page.

CN TRAC Urges STB Open Position to be Filled

TRAC is focused on the necessity of filling the third STB Board seat that has been vacant since March. Getting this seat filled by President Obama is a major goal as the vacancy is impacting the region's interests on three fronts:

First, the Illinois Commerce Commission currently has an appeal on file with the STB on a provision of the decision approving CN's acquisition of the EJ&E. Without a third Board member in place, the STB is not likely to rule on that appeal.

That, in turn, impacts TRAC's legal appeal of the STB decision approving the transaction before the United States Court of Appeals for the D.C. Circuit. The Court has ruled that it will hold off on any further action on our appeal until the STB has ruled on the appeal matter before it. Essentially, the vacant Board seat may be holding TRAC and the region in legal limbo and we are greatly concerned that "justice delayed, is justice denied."

Finally, we have asked the STB to appoint an independent monitor to audit the problems CN's traffic is causing on the EJ&E as it has failed to come clean with the whole truth. Absent the third Board member to weigh in on the matter, CN's under-reporting of problems continues unchecked (as evidenced with the latest CN report that was filed with the STB earlier this week.)

So, concerned members of the Illinois Legislature have weighed in on TRAC's behalf with the hope that Washington is listening.

Yesterday, state legislators and area mayors held a press conference in Springfield to highlight a Senate resolution – S.R. 273 – that urges President Obama to fill the vacancy on the Surface Transportation Board quickly with an appointee who understands community impact concerns and the necessity of mitigating the impacts of integrating rail freight into communities.

Further, it informs the President that the State of Illinois, including the Department of Transportation, will show preference in the programming of railroad funds and rail-to-road grade separation project funds to projects where the federal Surface Transportation Board has ordered a private entity to partially fund improvements necessary to mitigate impacts at significantly affected grade crossings.

This latter part of the resolution means that the Illinois legislature is trying to insure that CN will not be relieved of its STB-mandated obligation to pay for a large part of the costs for the grade separation projects in Aurora and Lynwood due to a failure to secure the public funding match.

S.R. 273 is sponsored by Senators Linda Holmes (D-Aurora), Pam Althoff (R-Crystal Lake) and Randy Hultgren (R-Naperville). Also supporting the resolution are State Representatives Linda Chapa LaVia (D-Aurora), Chris Lauzen (R-Aurora), Darlene Senger (R-Naperville), Mike Connelly (R-Naperville), and House Republican Leader Tom Cross of Oswego. State Senator Dan Duffy (R-Barrington) was also in attendance.

Contact President Obama's office and ask that his team move rapidly to appoint a community-oriented Board member at the STB! You can contact President Obama’s office by e-mail at http://www.whitehouse.gov/contact/. We need to get the wheels of government grinding in the favor of communities that are left with the onerous burden of living with freight traffic without anyone making the needed investment to mitigate the harms!

CN STB Report of Problems Deficient per TRAC

TRAC needs each resident to report problems: See details below

On May 6, TRAC filed a report with the STB refuting CN's April report detailing problems for February and March along the EJ&E resulting from CN's acquisition of the rail line. The STB had mandated these reports from CN to assess the effectiveness of the mitigation it had imposed on the railroad. Thanks to the many area residents who used the TRAC website to register complaints, we were able to document that CN had omitted numerous problems, including numerous grade crossing delays, excessive noise and vibration, prolonged idling by a school, and track infrastructure problems.

As a result of these numerous and serious omissions made by CN in its first monthly operational report, TRAC has asked the STB to appoint an independent monitor with investigative subpoena powers to have oversight on tracking these problems comprehensively for the duration of the monitoring oversight period. Because it is apparent that CN was trying to frustrate the STB's clear interest in understanding fully the problems with shifting CN freight to the EJ&E, TRAC feels it is appropriate that CN cover the full costs associated with the independent monitor.

Anyone interested in reviewing the April 13 CN Operational Report and the TRAC response, can find them in the documents section at the TRAC website at www.fightrailcongestion.com.

REMEMBER, IT WAS YOUR EFFORTS TO REGISTER THESE EVENTS AS THEY OCCURRED THAT ENABLED TRAC TO KEEP CN'S FEET TO THE FIRE. So, make sure you don't slack off in reporting all problems that you witness. Let your friends and family know about this handy tool as well – just click on the "Register Rail Complaint" button on the upper left-hand corner of the home page, and you will be linked to an auto-form that can be filled out and submitted quickly.

CN/EJE Resolution HR 68 Needs Congressional Support

Attached is a link to State Representative Darlene Senger's resolution on the CN/EJE 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. It is up for consideration in the Rail Committee in Springfield.

TRAC is asking all concerned citizens of the region to contact Committee members TODAY and urge them to vote yes. A link to Committee members is provided as well as the link to the bill status and description.

April 2009 CN Complaint Examples from TRAC

A concerned resident of the region recently contacted TRAC wanting to know what type of event should be registered as a complaint regarding CN's operations along the EJ&E. She asked that we provide some education for the public. While it is not possible to envision all possible events that would justify a complaint, perhaps an example of a few justifiable complaints that were registered would be instructive:

From Hoffmann Estates: "Why does CN work in my bedroom?? We were awakened by screeching metal and kept awake by idling engines, movement of train cars and finally revving engines and typical train noise as the train left. CN has hundreds of miles of track. Why is it allowed to conduct these operations in the middle of the night in a residential neighborhood, feet from our homes?"

From Barrington Hills: "A train was idling (engines on) on the EJ&E tracks behind my house today from 10:50am until 11:40am."

From Frankfort: "Every time a train passes the high-pitched wheel screeching noise is ear-piercing. This sound can be heard through closed windows and doors."

From Aurora: "Going to work turning onto Liberty from Eola with increased and slowed traffic. Train was dead stopped so all cars were turning around. Arrived to work at 7:20 a.m. I have a 7:00 a.m. start time."

From Hoffmann Estates: "Train horns blown several times in quiet zone. This is the third time since the CN trains started traveling that this has occurred. Did not happen before purchase by CN."

From Lake Zurich: "The EJ&E railroad bridge that goes over Rand Road in Lake Zurich is in serious need of repair. Prior to CN, only a few trains a day crossed it. However, today alone I have already seen AND heard 4 (it is noon)! This bridge has large chunks of concrete missing and a friend recently had a large piece fall on her car and damage it. With the increased train traffic, I fear the worst. This bridge crosses over a MAJOR roadway and could cause significant damage. It needs to be repaired immediately if CN thinks they will be driving more, longer and heavier trains over these tracks!"

From Barrington: "This morning at 2:47 a.m. and then again sometime after 5:00 a.m., the blaring sound of the horn was used between the Lake Zurich Rd. and Rte 14 quiet zones. It appears that either the conductor is inexperienced with quiet zones or blatantly using it without regard to the sleeping community, since I am not aware that a safety issue mandated using the horn at such an early hour this morning. The frequency of the horn use is becoming apparent contrasted to the EJ&E rail. I have submitted this complaint to the CN public affairs office as well."

From Deer Park: "It is rush hour and a train 150 cars long passed through town. I thought the plan was for CN to be careful of rush hour and travel during non peak hours??? It took 15 minutes for it to pass!"

From Elgin: "Due to very rainy conditions on March 7, 2009 and March 8, 2009, there is flooding and moving water along the base of rail bed. The rail bed is built up with gravel and earth, but the fast moving stream of water is causing erosion, and eventually this section of rail will become unstable. Water is an ongoing significant problem because the rail line is at the base of a sloping hill, and there are natural springs in the area. No one from CN has done an inspection or maintenance. This is an accident waiting to happen. And it if does, I will have a train falling over into my backyard, and because we have a private well, the water supply of my entire neighborhood is at risk."

From Barrington: "An extremely slow freight train passed. It was the loudest train I have ever heard in 1 1/2 years of living near the EJ&E tracks. It was so loud the telephone conversations I was on could not be continued. Worse, the train noise and vibration rattled my entire house and windows for over 5 minutes. Many trains that passed in the past were very smooth-running and quiet, and I didn't even notice a train was passing until I looked out the window."

From Bartlett: "At the train tracks on West Bartlett Road, the train was so slow moving that not only did a School District U-46 school bus make a u-turn right in front of me to change direction, but on the other side of the tracks from a police car, an ambulance and two fire trucks waited with sirens going and lights going because they were stuck for approximately 10 minutes...wasting precious time to get to an emergency. Please don't have trains stalled/ running during the rush hour."

From Wayne: "The railroad crossing at Army Trail Road in Wayne was blocked by a stopped train for almost 30 minutes. There is no posted phone number by the tracks to call the railroad. Several cars were honking their horns."

These examples all demonstrate that the STB's assurance that the transaction will have minimal impacts of the quality of life in the region is not reflected by reality (even before reaching maximum CN freight volume.) These complaints also cause us to question CN's commitment to doing everything possible to minimize the negative impact of its operations on the EJ&E. So, use the complaint form at www.fightrailcongestion.com judiciously, but use it. It's a vital tool to helping us track where the problems are occurring, so forward this information to family and friends. Help us get the word out!

March 8, 2009 – Complaint Status - CN

Even before the redirected CN traffic flows, TRAC has been fielding freight complaints on our complaint registration form at www.FightRailCongestion.com. From Frankfort, to Joliet, to Aurora, to Bartlett, Deer Park, and Lake Zurich, you are letting us know that the EJ&E can't possibly handle the volume of freight CN has planned for it. Registered complaints included:

WAYNE: The railroad crossing at Army Trail Road was blocked by a stopped train for almost 30 minutes. There is no posted phone number by the tracks to call the railroad. Several cars were honking their horns.

AURORA: Idling trains are causing our whole house to shake and vibrate. After sitting around for 20-30 minutes they lay on their horn and slowly vibrate their way down the line.

AURORA/NAPERVILLE: Last night on my way home I had to wait for 30 cars to make a left, at the Normantown\91st street intersection. I sat for 10 solid minutes. Then decided to make a right instead of waiting any longer. Then sat in another back up at Normantown\Keating Rd. Needless to say there is absolutely NO way around this huge inconvenience!!!!! WE NEED OVER PASSES OR UNDER PASSES!!! THIS IS RIDICULOUS.

NORMANTOWN: Long, slow train choking the evening rush. The line of cars waiting was so long that other streets feeding into it were at a standstill. Residual delays were another 20 minutes. Why are these trains being re-routed before the overpasses are in place??? We are putting the cart before the horse here.

We urge everyone to keep vigilant and share your stories at the TRAC website – by doing so, you will let us know where the problems are occurring as well as help the STB understand that its environmental analysis on this transaction was fundamentally flawed. PLEASE REMEMBER THAT THE COMPLAINT REGISTRATION FORM IS MEANT TO ENABLE YOU TO SHARE SPECIFIC OPERATIONAL COMPLAINTS, SO DO NOT USE IT JUST TO REGISTER YOUR GENERAL OPPOSITION TO THE FREIGHT TRAFFIC.

You can find the form on the upper left hand corner of the home page at www.fightrailcongestion.com. Make sure you bookmark that site and use it as often as necessary!

Living in the CN Freight World

What to Do Now That the Trains are Set to Begin Running

Canadian National Railway posted temporary traffic warning signs in Barrington Hills
Photo courtesy of Nikki Panos

Freight trains are being rerouted over the former EJ&E tracks as of March 4. Concerned residents of the region have asked what to do if CN doesn't appear to be abiding by the STB-mandated mitigation in the weeks and months ahead. We share your concerns that there will be numerous operational problems on the ground as freight traffic is routed onto the EJ&E because the [Federal] STB failed to mandate a level of mitigation that will remedy the impacts.

The Surface Transportation Board has a "Rail Customer and Public Assistance" program that is administered by the STB's Office of Public Assistance, Governmental Affairs and Compliance (OPAGAC.) We urge all residents who have complaints about freight train impacts to take the right steps to insure that the STB has a record of the issues the region is facing.

We have created a form on the www.FightRailCongestion.com website -- click on the "Register Rail Complaint" button on the upper left-hand corner of the website. Then, when you hit the submit button your complaint will be sent to the STB, the State of Illinois and to TRAC. Even if you are a resident of a community that has entered into a negotiated mitigation agreement with CN, you still have the right to register any problems you experience with CN freight trains. ED. Edited email significantly for brevity. Balance of the VBH CN References appear on our site, go to the Hot Topics Page.

Canadian National

Rail Merger to Lead to more Freight Traffic

More freight trains will be rolling through suburbs lining the Elgin, Joliet & Eastern Railway starting March 4 now that the line has been acquired by the Canadian National Railway, the Montreal-based railroad said today. Full story:

http://www.chicagobreakingnews.com/2009/02/canadian-railway-closes-deal-for-eje.html.

CN and Fight Railway Congestion Challenges

Buffalo Grove Derailment

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. Today’s derailment in Buffalo Grove [Illinois] 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."

Village Newsletter 2009, version 1

The Canadian National Railway and EJ&E Purchase

The Canadian National Railroad intends to purchase the EJ&E which passes through several Barrington area communities including Barrington Hills, and stretches from Waukegan to the Gary, IN area. In the last several newsletters we discussed CN's plan to change the use of this rail line from a few small trains per day, to between 30 and 35+ unit freight trains a day (that's a train every 43 minutes), each being more than 9,500 ft long, as part of a limited access railway to travel from Western Canada to Mississippi. To support this train traffic, CN has ordered 90 new high power freight locomotives. [ed. Purchase completed February 1, 2009.]

On December 24, 2008, the Surface Transportation Board (STB) unfortunately ruled in favor of the [CN - EJ&E] sale. Their ruling allows essentially unlimited and unregulated use of this line for their profit at the expense of our local communities. This decision may result in a very significant impact to the village character and property values in a way that we have never experienced. It provides no economic benefit to the region. These goods are not bound for the US. In addition, there are serious safety and traffic concerns. Illinois taxpayers may be saddled with some $2B in new taxes to provide the necessary grade crossing improvements.

TRAC, The Regional Answer to Canadian National, of which Barrington Hills is a member, will be appealing the decision. I (Pres. Abboud) will be asking our Village Board to commit an additional $20,000 to the TRAC appeal, in addition to the $15,000 we have already committed. By February 2009, In contrast, the Village of Barrington has spent more than $2,000,000 on the TRAC effort. We are also working with our federal representatives and regulators to require that CN place a substantial amount of money in escrow in order to address a variety of environmental and infrastructure issues which our Village will face.

Rail Merger to Lead to More Freight Traffic

More freight trains will be rolling through suburbs lining the Elgin, Joliet & Eastern Railway starting March 4 now that the line has been acquired by the Canadian National Railway, the Montreal-based railroad said today. Full story:
http://www.chicagobreakingnews.com/2009/02/canadian-railway-closes-deal-for-eje.html.

After more than a year of regulatory review, public hearings and contentious debate, the CN closed its $300 million deal to purchase the EJ&E and took over the line Sunday morning [February 1, 2009.]

Opponents vowed Sunday to continue their fight against CN's plans to re-route freight traffic through their suburbs. They will urge a federal court in Washington this month to order regulators to reconsider approval of the acquisition.

CN plans to use the EJ&E line, which runs from Waukegan to Joliet and Gary, so its cross-continental freight trains can bypass Chicago's congested rail corridor.

The federal Surface Transportation Board approved the acquisition Dec. 24, but the decision did not become effective until Jan. 23. The Tribune first reported the closing of the deal Friday.

CN says acquisition of the EJ&E will generate greater rail efficiencies and environmental benefits.

"Streamlined rail operations, along with reduced congestion resulting from the acquisition, are critically important to the Chicago region's economy and its continued role as one of America's most important transportation hubs," E. Hunter Harrison, CN's president and chief executive officer, said in a statement.

CN said it would post notices of the additional trains at rail crossings starting Monday, 30 days in advance of the move. It will also publish notices in newspapers. CN said it had not yet determined how many additional trains would be added starting March 4.

One likely scenario is that CN will begin by switching trains off the former Wisconsin Central line and onto the EJ&E tracks at a crossing just south of Mundelein. According to CN estimates, suburbs south of this connection, including Lake Zurich, Barrington and Hoffman Estates, will see an increase in trains of from five to 20 a day. But suburbs along the former Wisconsin Central line, such as Buffalo Grove, would see a decrease in trains, from 19 to two a day, according to the CN projections.

Karen Darch, village president of Barrington and co-chair of a coalition of suburbs opposed to CN's plans, said authorities would begin warning residents of the additional trains. "Public safety is our No. 1 concern," Darch said. "Given CN's safety record, which has not been the best, we hope they will operate with extreme caution and follow adequate safety procedures as they start to run those trains."

Canadian National Proceeding with Railway Purchase

After petitions to put Canadian National Railway Co.'s purchase of the Elgin, Joliet & Eastern Railroad on hold were denied last week, the company can move forward with the proposed $300 million purchase at any time.

Last week the U.S. Court of Appeals in Washington D.C. denied Barrington's stay petition to delay the completion of the purchase while the U.S. Surface Transportation Board's approval of the purchase is appealed in the courts.

"We knew it would be an uphill battle to be granted a stay petition," said Barrington Village President Karen Darch.

The stay petition denial will not affect lawsuits filed by Barrington and other members of The Regional Answer to Canadian National (TRAC), which allege the transportation board did not adequately address the potential negative affects of the transaction identified by residents during the environmental review process and did not review possible alternatives to the purchase.

Darch is hopeful the court will require the transportation board to reconsider its decision or at least aspects of the decision such as mitigation requirements.

The deal was approved by the federal board on December 24 and will increase freight trains coming through the Barrington area from five per day to about 20 per day.

A closing date for the transaction or when additional trains will start running on the line has not been released by CN officials.

"CN is proceeding toward closing the EJ&E transaction as soon as possible. Once the closing has taken place, CN will begin the careful, step-by-step integration of the EJ&E lines into CN's system, shifting trains from CN's existing lines onto the EJ&E over a three-year period as CN completes $100 million in track and infrastructure improvements to the EJ&E line," CN's Vice President of North American Government Affairs Karen Phillips, was quoted as saying in a statement released by the company.

January 15, 2009

BARRINGTON EXPECTS QUICK COURT ACTION
ON CN RAILROAD BEFORE PURCHASE CAN CLOSE

The United States Court of Appeals for the District of Columbia has responded to the Village of Barrington's court challenge stay position on the Surface Transportation Board's (STB) decision approving Canadian National's takeover of the Elgin, Joliet and Eastern (EJ&E) Railway.

In a ruling issued Tuesday, the court set a timetable for reviewing the Barrington Coalition's Stay request. Respondents must file comments by Friday, January 16th. The court has then given Barrington the opportunity to reply to any filed comments before a deadline of Wednesday, January 21st. This means that the court is acting on a timetable that could stay the STB decision before its effective date.

"We are very pleased that the courts have quickly moved to address our concerns in a timely manner. We will continue to challenge the Surface Transportation Board's ruling on behalf of the thousands of area residents who will be negatively impacted if Canadian National's misguided plan is allowed to continue," said Karen Darch, Barrington Village President and spokesperson For Barrington Communities Against CN Rail Congestion.

Barrington officials charge that the STB acted incorrectly when it 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.

According to the stay petition, 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). Barrington officials are charging that 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.

January 5, 2009

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).

View CN 2008 Hot Topics on the Archive Page for 2008 at the Bottom

Canadian National Railway and EJ&E

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. ( 2008 Contacts - Verify Contacts are Still Valid after the 2008 Elections.)

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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.

(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

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

Residents are urged to continue 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 Roland Burris
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

“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.”

“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.

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