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Washington, D.C. – Congressman Pete Visclosky today filed a letter with the Surface Transportation Board (STB) in opposition to CN’s request that the STB issue a Final Decision on CN’s pending acquisition of the EJ&E before completing its ongoing Environmental Impact Study. Five Members of Congress from Illinois joined Visclosky in filing with the STB.
“CN should stop wasting time with cheap tricks,” said Visclosky. “They have such a one track mind that now they want the STB to circumvent the law. That’s not how business is done in America and I will do everything I can to defend the rule of law.”
On Friday, August 15, CN filed a request with the STB to approve its pending acquisition of the EJ&E without first completing the environmental review process, which is required by the National Environmental Policy Act (NEPA). The request marks yet another request by CN for special treatment from the STB as the railroad pushes the STB to issue a Final Decision before CN’s purchase agreement expires on December 31, 2008. CN has repeatedly sought to limit the public’s input in spite of the fact that public interest in the transaction has been unprecedented. In his opposition letter, Visclosky urges the STB to “reject CN’s strong arm tactics and proceed with the NEPA review in a deliberate and prudent manner and ensure that public input is heard and fully considered.”
The CN/EJ&E transaction would result in a three-fold increase in rail traffic on the existing EJ&E line in Northwest Indiana and cause the average train length to increase from 2,590 feet to 6,321 feet. With as many as 34 trains per day running on the track, it would bisect communities, impede the flow of automobile traffic, and create a considerable public safety concern. The proposed acquisition also would create new obstacles to economic development initiatives such as the expansion of the South Shore Line and the expansion of Gary/Chicago International Airport.
“I remain strongly opposed to the CN/EJ&E transaction, which would deal a major blow to communities in Northwest Indiana,” said Visclosky. “CN should stop playing games with the STB and try working with the affected communities in good faith.”
The following is the letter Visclosky filed with the STB:
August 22, 2008
Ms. Anne K. Quinlan
Acting Secretary
Surface Transportation Board
395 E Street, Southwest
Washington, D.C. 20423
RE: STB Finance Docket No. 35087, Canadian National Railway Company and Grand Trunk Corporation – Control – EJ&E West Company
Dear Ms. Quinlan:
We write to express our opposition to the Canadian National Railway Company and Grand Trunk Corporation’s (CN) Petition to Modify the Procedural Schedule filed in the above referenced docket (Filing 223281).
In their filing, CN requests that the Surface Transportation Board expedite the procedural schedule established by the Board (Decision No. 13) and issue a Final Decision in the transaction by October 15, 2008, regardless of the status of the ongoing Environmental Impact Study. Further, CN threatens legal action against the Board if it does not make a determination on the merits of CN’s filing by September 15, 2008. This filing is a blatant and shameless attempt by CN to avoid the environmental review process established by the National Environmental Policy Act (NEPA), which requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions.
Unfortunately, this filing is not CN’s first effort to circumvent the NEPA process in this transaction. On May 13, 2008, CN requested that the Board establish time limits for the environmental review process and issue a schedule that would result in a Final Decision in the transaction on December 1, 2008 (Filing 222352). Subsequently, on July 25, 2008, the Board issued Decision No. 13 that did not adopt CN’s proposed schedule, stating, “Nothing in NEPA, the case law, or the CEQ regulations require the Board to set a specific date with regard to service of the Final EIS...”
CN’s repeated attempts over the last few months to limit the public’s input are unfathomable given the unprecedented public interest in this transaction. Between December 21, 2007, when the Section of Environmental Analysis (SEA) published its notice of intent announcing the start of the scoping process, and February 15, 2008, the SEA received over 3,600 registered comments submitted by individuals, business owners, transportation organizations, and elected officials. Many of these comments expressed concerns over the effect the dramatic increase in train traffic proposed by CN will have on the quality of life in their communities. Should the STB accept CN’s recent filing, and approve the transaction prior to the completion of the EIS, the steps remaining in the NEPA process would essentially be rendered meaningless. The SEA would merely be going through the motions completing a process with a predetermined outcome and CN would have no incentive to enter into substantive negotiations with the affected communities.
We urge the Board to reject CN’s strong arm tactics and proceed with the NEPA review in a deliberate and prudent manner and ensure that public input is heard and fully considered. We appreciate your serious consideration of this matter.
Sincerely,
Peter J. Visclosky
Member of Congress
Melissa L. Bean
Member of Congress
Donald A. Manzullo
Member of Congress
Judy Biggert
Member of Congress
Peter J. Roskam
Member of Congress
Bill Foster
Member of Congress
Cc: Chairman Charles “Chip” Nottingham
Cc: Vice Chairman Francis P. Mulvey
Cc: Board Member W. Douglas Buttrey
Cc: Ms. Victoria J. Rutson |
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