Barrington sues over CN rail deal
The village of Barrington filed two court actions Monday in an attempt to stop the Canadian National-EJ&E railroad deal.
Barrington filed a stay of petition with the U.S. Surface Transportation Board and a petition for review with the U.S. Court of Appeals to prevent Canadian National from buying the Elgin Joliet & Eastern line, a move that would bring more freight trains through town.
Barrington's lawsuits assert the Surface Transportation Board acted improperly when it approved the deal on Christmas Eve. The board, the suit says, failed to take into account several issues identified by opponents of the sale during the review of environmental impacts.
Barrington Village President Karen Darch said the legal actions argue that the environmental review process was fundamentally flawed from the start, not just that it overlooked a couple issues or stopped a bit short of completion.
The village says the Surface Transportation Board failed to consider alternatives and fully investigate issues brought to its attention, Darch said.
Monday's action was taken by Barrington alone, but on behalf of the six other Barrington-area communities which rely on it for certain types of service, Darch said.
Barrington is a member of Barrington Communities Against CN Rail Congestion, as well as The Regional Answer to Canadian National (TRAC), which represents communities in Illinois and Indiana.
TRAC, whose members are meeting Friday morning in Bartlett, may decide to take legal action of its own, even if very similar, Darch said.
Barrington's complaint is broad-based in its criticisms of the review process used by the federal transportation board and isn't specific to Barrington in its list of the perceived effects of a CN purchase of the EJ&E.
Barrington hopes to get a stay granted before the EJ&E sale becomes effective Jan. 23. But with a three-year horizon for CN to fulfill its plans for the railroad, there would still be value in continuing the appeal even if a stay is not granted, Darch said.
"Short-term, it would be great if a stay were issued," she said. "But the appeal process can go on regardless of the stay. The reason we're asking for the stay is that every step you take puts you in a different place."
Many suburbs along the EJ&E, which runs in an arc around the Chicago region, have opposed the rail deal out of concerns about increased traffic, noise and pollution.
However, other TRAC members such as Aurora had not taken legal action as of Monday.
"TRAC is reviewing its options," city of Aurora spokeswoman Amy Roth said.
CN officials had no comment on the developments.
The Canadian railroad has contended that moving freights from its tracks in Chicago and nearby towns would ease overall congestion in the region. The deal was supported by numerous communities with CN lines traveling through them.
The Surface Transportation Board sided with that argument, noting that "the proposed transaction would greatly improve efficiency for movements through the Chicago area and would benefit shippers through decreased transit time and more reliable service."
The board also included a number of conditions for the railroad such as helping to pay for grade separations, installing video cameras at crossings to monitor blockages and a five-year monitoring period.
The STB set a Jan. 23 deadline for petitions to reconsider its decision.