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Chicago coalition challenges CN/EJ&E Transaction Print Email Chicago-area coalition calls on U.S. appellate court to block CN/EJ&E transaction
The Regional Answer to CN (TRAC) coalition long has opposed the transaction. Coalition members Aurora, Barrington Hills, Barrington Township, Bartlett, Hawthorn Woods, Lake Zurich, Naperville, Plainfield, Warrenville, Wayne, West Chicago and DuPage County, Ill., joined in the petition.
The STB's approval process was “incomplete” because board members neglected to address numerous issues raised during the study phase, such as the quadrupling of trains moving through suburban communities, TRAC members claim.
Last month, the STB rendered a decision approving the transaction, subject to numerous environmental mitigation and other conditions. The decision takes effect on Friday. CN expects to close the transaction — under which it will acquire most of the EJ&E from U.S. Steel for $300 million — shortly afterwards.
Meanwhile, the STB on Friday rejected petitions submitted by Barrington, Bartlett and Will County, Ill., seeking a stay of the board’s CN/EJ&E decision.
A party seeking a stay must establish that they will suffer irreparable harm in the absence of a stay; there is a strong likelihood that they will prevail on the merits; other interested parties will not be substantially harmed by a stay; and the public interest supports the granting of a stay, according to the STB.
“None of the petitioners challenge the board’s findings on the transportation merits. Rather, they claim that the Environmental Impact Statement did not adequately address, evaluate or mitigate the environmental effects of this acquisition,” board members said in their decision. “As both the Draft and Final EIS show, however, this agency took the ‘hard look’ at environmental impacts … and the issues raised by petitioners have been considered adequately.”
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Happy New Year Print Email All of us at TracksideProductions hope that you all have a safe and Happy New Year, and also that 2009 is a much better year than 2008 was for most people.
In the meantime why not stop by our forums and talk about what to expect in the coming year.
All the best and keep her on the high iron.
The Trackside Team.
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STB Approves CN EJ&E Merger Print Email CN welcomes Surface Transportation Board issuance of decision approving EJ&E acquisition CHICAGO, Dec. 24, 2008 — CN (TSX: CNR)(NYSE: CNI) today welcomed the issuance by the Surface Transportation Board (STB) of its decision approving CN's purchase of the principal lines of the Elgin, Joliet & Eastern Railway Company (EJ&E).
E. Hunter Harrison, president and chief executive officer of CN, said: “CN commends the STB for issuing its decision approving our railroad transaction – a transaction that was subject to unprecedented scrutiny and stakeholder involvement. We are pleased that the Board has recognized the public-interest benefits of the transaction – the critical need for rail-congestion relief in the Chicago region – while mitigating the rail acquisition's impact on certain communities situated on the EJ&E.
“While we are pleased that the STB has approved the transaction, we are nonetheless disappointed that the STB has mandated significant additional mitigation beyond the recommendations provided in the Final Environmental Impact Statement issued by the STB's Section of Environmental Analysis with respect to the grade crossings in Lynwood and Aurora. We are carefully reviewing the STB's decision.”
The STB's decision will become effective on Jan. 23, 2009. CN expects to be in a position to close on the transaction shortly thereafter.
CN and U. S. Steel announced on Sept. 26, 2007, an agreement under which CN would acquire most of the EJ&E for $300 million, subject to regulatory approval by the STB. More information on the transaction, including a map of the areas served by the EJ&E and CN, is available by clicking on the EJ&E Acquisition icon on CN's website.
Forward-Looking Statements This news release contains forward-looking statements. CN cautions that, by their nature, forward-looking statements involve risk, uncertainties and assumptions. Implicit in these statements, particularly in respect of growth opportunities, is the Company's assumption that such growth opportunities extend beyond business cycle considerations and, as such, are less affected by the current situation in the North American and global economies. The Company cautions that its assumptions may not materialize and that current economic conditions render such assumptions, reasonable at the time they were made, subject to greater uncertainty. The current situation in financial markets is adding a substantial amount of risk to the North American economy, which is currently experiencing recessionary conditions, and to the global economy, which is already slowing down. Under these circumstances, it is difficult to make a projection in respect of business prospects for the next 12 to 18 months. The Company cautions that its results could differ materially from those expressed or implied in such forward-looking statements. Important factors that could cause such differences include, but are not limited to, industry competition, legislative and/or regulatory developments, compliance with environmental laws and regulations, various events which could disrupt operations, including natural events such as severe weather, droughts, floods and earthquakes, the effects of adverse general economic and business conditions, inflation, currency fluctuations, changes in fuel prices, labor disruptions, environmental claims, investigations or proceedings, other types of claims and litigation, and other risks detailed from time to time in reports filed by CN with securities regulators in Canada and the United States. Reference should be made to “Management's Discussion and Analysis” in CN's annual and interim reports and Annual Information Form and Form 40-F filed with Canadian and U.S. securities regulators, available on CN's website, for a summary of major risks.
CN assumes no obligation to update or revise forward-looking statements to reflect future events, changes in circumstances, or changes in beliefs, unless required by applicable laws. In the event CN does update any forward-looking statement, no inference should be made that CN will make additional updates with respect to that statement, related matters, or any other forward-looking statement.
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