Durbin, Bean: STB Should Reject CN Fast-Track
Press Release
U.S. Senator Dick Durbin (D-IL) and Congresswoman Melissa Bean (IL-08) today urged federal regulators to reject a request from Canadian National Railroad (CN) to fast-track an environmental review of its proposed purchase of the Elgin, Joliet & Eastern (EJ&E).
On May 13, CN officials asked the Surface Transportation Board (STB), which governs the sale, to complete its Environmental Impact Statement by Dec. 1. As noted in Durbin and Bean's joint letter, that would leave only six months for completion of the study - one third of the minimum 18 months total the STB said is typically required for such a study.
"Any proposal with such a dramatic impact on the future of Illinois must be carefully reviewed," said Durbin. "Rushing this decision will leave important voices out of the process and limit access to information the Surface Transportation Board needs. I will continue to work with Congresswoman Bean and other members of the Illinois delegation to make certain this important decision is not rushed."
Bean, who has had led Congressional opposition to the transaction and who represents over 15 communities which will be directly affected, said: "CN's request is a cynical attempt at an end run around the established process. The STB has clearly identified a host of issues that need careful examination. Rushing this review process will shortchange the affected communities and undermine the authority of the STB."
CN's proposal would result in up to a 400 percent increase in rail traffic along the EJ&E line, which cuts through many suburban Chicago communities. The increase will have a significant impact on traffic congestion on the region's roads. CN's proposal also threatens construction of the long-awaited suburb-to-suburb Metra STAR Line. CN also has yet to commit to measures that would allow expanded and more timely Amtrak service along the popular and fast-growing Chicago-Carbondale-Champaign route .
In November 2007, the STB ruled that an Environmental Impact Statement (EIS) was required to study the impact of the sale. In April, the STB issued a ruling on the final scope of the EIS, outlining numerous broad factors that would require review. The STB has also said it would be impossible to put a timeframe on the EIS, ruling, "The time the EIS will take to prepare cannot be determined ahead of time because there is no way to predict in advance all of the specific issues that may arise. In prior cases, the EIS process has ranged from approximately 18 months to several years."
Given that the level of public interest in this project has been unprecedented, according to STB officials, Bean and Durbin argue that a shortened review process makes little sense.
"An EIS process that is completed in less than the typical time frame of 18 months to several years, as cited by the Board as an average, would jeopardize the ability of the STB to do the comprehensive investigation warranted and undermine the credibility and authority of the EIS recommendations and proceedings," Durbin and Bean's joint letter says.
Text of the letter appears below:
May 16, 2008
Anne K. Quinlan
Acting Secretary
Surface Transportation Board
395 E Street, SW
Washington, D.C. 20423-0001
RE: Canadian National Railway Company and Grand Trunk Corporation ControlEJ&E West Company (STB Finance Docket No. 35087)
Dear Ms. Quinlan:
We are writing to express our strong opposition to Canadian National Railway Company and Grand Trunk Corporation's (CN) request for establishment of time limits for NEPA review and final decision (CN-33) that was filed before the Surface Transportation Board (STB) on May 13, 2008 for the above referenced docket. We urge the board to reject CN's request and allow the NEPA review process to continue on its current course.
On November 26, 2007, the Board issued decision No. 2 which required the Section of Environmental Analysis (SEA) to prepare an Environmental Impact Study (EIS). In issuing this decision the Board stated: " a full EIS is warranted in view of the large projected traffic increases on certain line segments, and the potential impacts of the proposed transaction on a number of communities that would likely result from the increased activity levels on rail line segments and at rail facilities" (FD 35087 Decision No. 2 Page 12). Further the Board explained, "The time the EIS will take to prepare cannot be determined ahead of time because there is no way to predict in advance all of the specific issues that may arise. In prior cases, the EIS process has ranged from approximately 18 months to several years" (FD 35087 Decision No. 2 Page 13).
As noted by those involved in this proceeding, the level of input from interested parties has been unprecedented. From 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, when the comment period commenced, approximately 2600 people attended one of the public scoping sessions held at locations throughout the Chicago region and over 3600 people registered comments with SEA. Since the close of the comment period, the affected communities have formed a broad coalition to advocate their collective interests on the proposed acquisition, which will likely increase the amount of participation during the comment period on the draft EIS.
During the scoping period, participants raised several issues that led SEA to make significant changes when issuing the final scope. These changes will require additional consideration than originally planned in the draft scope of study. The changes include, but are not limited to:
1. Expanding the projection of rail traffic from three to five years
2. Forecasting highway traffic until 2020
3. Evaluate the net increase in emissions
4. Evaluate potential increases in noise and vibration
5. Address quantities and types of hazardous materials that would be transported
6. Include vehicle delay analyses in some instances of highway/rail at-grade crossings with less than 2500 vehicle crossings per day
7. Evaluate impact on regional passenger rail (METRA)
In addition, many of the interested parties and the SEA itself have raised concern with the accuracy and scope of information CN has provided for the analysis of this transaction. To date, SEA has sent four formal requests to CN asking for information on over 60 issues. Furthermore, in March 2008, we personally requested from CN President & CEO Hunter Harrison information about the mitigation Canadian National has offered each of the communities affected. To date, we have not received response to our request.
During a briefing with our staff, the SEA estimated a draft EIS would not be ready at the earliest until late summer 2008. Subsequently, they emphasized that federal law requires a minimum of 45 days for comments; however, due to the level of involvement of the interested parties it is likely the comment period will be longer. Finally, it is our understanding that after the record is closed federal law requires a minimum of 30 days before issuing the final EIS; however, completion can take much longer, especially if new information is discovered during the draft EIS comment period.
As noted by the Board in Decision Number 2, the time to complete an EIS cannot be determined due to many mitigating factors. Further, the Board cited past EIS's that have taken 18 months or longer to complete. Under the schedule requested by CN, from the issuance of the final scope at the end of April to the completion of the final EIS would only be six months. For a case and level of involvement that has been recognized by all participants and the STB to be unprecedented, an EIS process that is completed in less than the typical time frame of 18 months to several years, as cited by the Board as an average, would jeopardize the ability of the STB to do the comprehensive investigation warranted and undermine the credibility and authority of the EIS recommendations and proceedings.
For the aforementioned reasons, we urge the Board to reject CN's request for a time frame to be set on the NEPA review and final decision process. Thank you for your considering of this matter.
Sincerely,
Richard Durbin
U.S. Senator
Melissa L. Bean
Member of Congress
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