Oral arguments made in CN lawsuit

The U.S. Court of Appeals heard oral arguments Wednesday in a lawsuit filed by Barrington and a coalition of suburban communities asking for a review of Canadian National's purchase of the Elgin, Joliet & Eastern railroad.

The communities, CN and the federal Surface Transportation Board that approved the sale all made arguments before the panel of three justices in Washington, D.C.

A ruling is expected sometime early next year, possibly in February.

Barrington and its fellow members of TRAC The Regional Answer to Canadian National argued that STB approval of the sale was flawed in its assessment of environmental and public safety impacts. They also believe federal requirements of rail line improvements were inadequate.

Barrington Village President Karen Darch, who attended the arguments, said justices seemed well versed in the facts of the case based on the questions they asked. Some of those questions focused on TRAC's concerns about the transportation of hazardous materials, she said.

TRAC's other member communities include Bartlett, Wayne, Aurora and Naperville, Darch said.

CN filed its own petition for judicial review, arguing that the requirement it fund a large share of grade separations at Ogden Avenue in Aurora and Lincoln Highway in Lynwood was unprecedented, unjustified and beyond the STB's regulatory authority.

The STB ordered CN to pay 67 percent of the cost of the Aurora project and 78.5 percent of the Lynwood project. CN spokesman Patrick Waldron said that exceeds what the railroad would normally be expected to contribute to Illinois Department of Transportation improvements at rail crossings.

“If left to stand, the STB's condition could work to chill further railroad transactions that would relieve congestion, improve efficiencies and produce broad public interest benefits for railroad customers, communities and the environment,” Waldron wrote in a prepared statement.

He added that CN has voluntarily agreed to more than $60 million in mitigation projects on the EJ&E line.

STB spokesman Dennis Watson said his agency is not commenting on Wednesday's oral arguments.

Though part of Barrington's argument is the inadequacy of STB-imposed mitigation on the EJ&E, the village board this week did vote to accept a $2.8 million grant from the U.S. Department of Transportation for engineering of an underpass at the EJ&E tracks on Northwest Highway.