A group of suburban Chicago communities is appealing the recent federal approval of a major rail merger that is expected to bring more freight trains to parts of the area.
In the appeal, filed Thursday in the 7th U.S. Circuit Court of Appeals, the group of nine communities argued federal regulators’ decision to approve the $31 billion merger of the Canadian Pacific and Kansas City Southern railroads was “arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law or supported by substantial evidence,” and violated several federal laws.
The group, known as the Coalition to Stop CPKC, wants federal regulators to conduct an additional study on the potential environmental impacts of the merger in the Chicago area. The group also wants more robust measures to combat the effects of the merger than were initially imposed.
“The (Surface Transportation Board) ruling shows us three things,” Itasca Mayor Jeff Pruyn said in a statement. “It ignored our concerns for the quality of life in our communities, it ignored our concerns about the negative consequences on economic development in our communities, and most importantly, it ignored our concerns for safety.”
Surface Transportation Board spokesman Michael Booth declined to comment because the litigation is pending.
The appeal follows the March 15 approval of the merger. The deal would create the first rail line linking Canada, the U.S. and Mexico, with far-reaching implications for local communities, Amtrak passenger rail and shippers looking to move goods through the country and across borders.
In the Chicago area, already a busy freight hub, the effects of the merger are expected to be felt along Metra’s Milwaukee District West Line, which shares tracks with Canadian Pacific. The number of freight trains along the line is projected to increase by about eight per day, bringing the total number to an average of just over 11 daily freight trains by 2027.
The outcome of the lengthy federal review process came weeks after a fiery Norfolk Southern train derailment in Ohio led to evacuations and fears of air and water contamination when toxic chemicals were released and burned.
It was lambasted by Metra, suburban towns and Illinois members of Congress, who disputed train data reviewed by the STB and expressed concerns about the effects of additional trains. Extra freight trains could increase delays for Metra commuter trains and drivers, exacerbate safety issues and pose problems for first responders who find their paths blocked by trains at road crossings, they said.