Federal court orders CN to help pay for suburban underpasses

A federal appeals court has ordered Canadian National Railway to pay its share toward the construction of two suburban underpasses along the former Elgin, Joliet & Eastern Railway to help ease traffic jams created by the increased freight traffic.

CN officials said they were “disappointed” with the decision, but won’t fight it any further.

The ruling means the Montreal-based railroad company will have to pay 67 percent of the cost for an underpass at Ogden Avenue in Aurora and cover 78.5 percent of the cost for an underpass in Lynwood.

The Surface Transportation Board has estimated the projects will cost CN about $68 million. However, CN officials said the Illinois Department of Transportation is ultimately responsible for engineering and contracting construction of the underpasses, and that agency has not yet put a price tag on either project.

“We will continue working with Illinois officials to implement the grade separations in accordance with the STB’s requirements,” said Claude Mongeau, CN’s president and CEO.

Railroad officials said CN will spend about $60 million on other mitigation associated with the purchase of the formerly sleepy rail line that allows trains to bypass downtown Chicago. The company spent $300 million to buy the rail line.

Aurora Mayor Tom Weisner said he had hoped the court would send the case back to the STB in hopes the agency would make the railroad responsible for improvements at more crossings.

Aurora is one of seven communities along the line that have not agreed to safety and environmental conditions with CN. There are 26 communities along the former EJ&E line that have agreed to the conditions with the railroad.

“I think it’s unfortunate the court didn’t remand the whole thing back to the STB for more analysis, but it’s a pretty good silver lining,” Weisner said. “Traffic backups have gotten worse there, but that’s been somewhat mitigated by the economy, so we’re not seeing the full brunt of what will happen.”

It could be five years before construction starts on the underpass in Aurora, Weisner said.

Area legislators lauded the court’s decision, but still complained about the CN purchase’s impact on the suburbs.

“Our communities have been cut in half by CN’s freight traffic, yet the Surface Transportation Board required the railroad to provide significant funding for only two — out of 112 — highway grade crossings on the EJ&E,” said U.S. Rep. Judy Biggert, a Hinsdale Republican. “There’s no question the railroad got off easy, but it still fought even that paltry requirement. Local residents deserve better. We must continue to hold CN’s feet to the fire for the obligations it owes our communities.”