More legal saber rattling over CN merger

Momentum is growing among communities to fight the approved merger of CN and the EJ&E railroads in court, but more money will be needed for legal bills.

On Friday members of the The Regional Answer to Canadian National coalition agreed to hire attorneys to work on reversing the U.S. Surface Transportation Board's decision Dec. 24 allowing CN to buy the smaller EJ&E, which runs between Waukegan and Gary, Ind.

CN plans to move trains from tracks in Chicago and nearby suburbs onto the "J," which railroad leaders say will relieve a freight bottleneck in the region.

Just as towns located along CN lines supported the proposal, communities near the EJ&E opposed the merger, raising concerns about traffic, noise, pollution and lowered property values.

TRAC members promised more details Monday.

"We did approve taking steps in the appeals process," Barrington Mayor Karen Darch said. "The acquisition is bad for the area and bad for the region in general."

"We are very pleased with the unity of the group," Aurora Mayor Tom Weisman said.

TRAC members include Barrington, Aurora, Bartlett, West Chicago, Lake Zurich, Hawthorn Woods, Naperville, Plainfield and Richton Park.

Barrington and Will County already have asked the courts to delay the Jan. 23 implementation of the merger and Barrington is also seeking a review of the STB's ruling.

TRAC has at least $50,000 in its coffers to begin the appeal but members are being asked to provide additional funds, Darch said. Barrington itself has spent $2 million on opposing the transaction.

CN officials countered that the STB's analysis was exhaustive and included all points of view.

"Any claim that the STB approval process failed to thoroughly consider the broad spectrum of environmental impacts is unfounded. Experts agree the Chicago area needs relief from rail congestion," CN vice president of North American Government Affairs Karen Phillips said in a statement.