NW87
Active Member
Last edited:
|
|
|
I am a fan of railways generally, I think they have a role to play, and I believe that role could be larger with a little more forward thinking on behalf of rail operators generally.
RR and Unions shot themselves back in the 50s-70s by not adjusting to the changing economics how things need to move to the point trucking took away a large section of the good been move rail at the time.I am a fan of railways generally, I think they have a role to play, and I believe that role could be larger with a little more forward thinking on behalf of rail operators generally.
BUT I am sad to see this photo, even though it’s an event that has been years in the making. The reason, once again ,is valuable acres of the best classes of farmland are becoming large surface areas of asphalt. And one day that is going to bite us back.
When I get my daily update on farming outlooks and farming futures, the news is full of the very negative affects of global warming on farming - and here in North America, and here in this country (Alberta for instance) We are so conditioned to stopping by the local grocery outlet and picking up xyz, and it’s only been recently, lately, that on occasion supplies of xyz do not exist or are priced at a level that shocks the purchaser.
i am sorry, but I think we are just starting to see the tip of these periodic shortages or price shocks, and I am not sure it is going to get better. Doug Fords violation of the green belt is one (small?) part of this, but we will rue the day, one day. Same with the 413 and any talk of the Mid-Penn Highway. One day Doug Ford will realize that farmers are as least as important as his developer buddies. Regardless of where we farm, Halton, York, Durham, once you pave the land, you cannot grow food on those lands (shout out to those specializing in vertical farming and other groundbreaking technologies). But housing you can redevelop. Industrial spaces you can redevelop, and both of this can be targeted to classes of land that are less favourable to growing food.
Farm land is not vacant land. Far too much land use planning assumes that fact.
Part of the problem is freight operations have largely been driven out of urban areas. Most commercial customers no longer have industrial rail connections so the need for intermodal-type and/or large logistical warehousing and handling facilities grows. I also hate to see productive land paved over but the land and redevelopment cost of a brownfield site, or adequate size and that is adjacent to main lines is likely prohibitive.I am a fan of railways generally, I think they have a role to play, and I believe that role could be larger with a little more forward thinking on behalf of rail operators generally.
BUT I am sad to see this photo, even though it’s an event that has been years in the making. The reason, once again ,is valuable acres of the best classes of farmland are becoming large surface areas of asphalt. And one day that is going to bite us back.
When I get my daily update on farming outlooks and farming futures, the news is full of the very negative affects of global warming on farming - and here in North America, and here in this country (Alberta for instance) We are so conditioned to stopping by the local grocery outlet and picking up xyz, and it’s only been recently, lately, that on occasion supplies of xyz do not exist or are priced at a level that shocks the purchaser.
i am sorry, but I think we are just starting to see the tip of these periodic shortages or price shocks, and I am not sure it is going to get better. Doug Fords violation of the green belt is one (small?) part of this, but we will rue the day, one day. Same with the 413 and any talk of the Mid-Penn Highway. One day Doug Ford will realize that farmers are as least as important as his developer buddies. Regardless of where we farm, Halton, York, Durham, once you pave the land, you cannot grow food on those lands (shout out to those specializing in vertical farming and other groundbreaking technologies). But housing you can redevelop. Industrial spaces you can redevelop, and both of this can be targeted to classes of land that are less favourable to growing food.
Farm land is not vacant land. Far too much land use planning assumes that fact.
That part of Halton Region is very deeply rooted in my own life - so much of my recreation and enjoyment of nature has happened in that space. Seeing it transition from beautiful countryside and productive farmland to urban sprawl really bites. But that change was inevitable, I suppose. The sad part is that Milton will end up as a less attractive and liveable community because the rail yard is where it is.
All water over the bridge, I'm afraid.
- Paul
^The horse before the cart in this one is whether we are planning logistics (and industry/employment lands generally) as a single use of land or letting things work themselves out at a more granular level.
The CN terminal is necessary, and it needs to be close to the major logistics terminals which have sprung up like weeds across Halton and Peel. Taken as a single system, the surface area of those terminals and the farmland lost to warehouse construction far exceeds the acreage of the CN site.
The challenge for CN was, how to assemble a single tract of land large enough for a rail yard. That's a much bigger challenge than just finding the land for a single warehouse or even a collection of such facilities.
My simple mind thinks that there were better sites for the CN terminal in the same general area.... but unless the municipal and regional and provincial governments were willing to identify those sites, and help CN acquire that land at comparable or better cost, and deal with the inevitable nimby opposition to that, they made their own bed on this one.
That part of Halton Region is very deeply rooted in my own life - so much of my recreation and enjoyment of nature has happened in that space. Seeing it transition from beautiful countryside and productive farmland to urban sprawl really bites. But that change was inevitable, I suppose. The sad part is that Milton will end up as a less attractive and liveable community because the rail yard is where it is.
All water over the bridge, I'm afraid.
- Paul
Town of Milton News
2024-03-01 4:26:24 PM
Federal Court rules against Federal Cabinet approval of CN truck-rail hub
News release
On March 1, 2024, the Federal Court of Canada ruled in favour of the Halton Municipalities with respect to CN’s proposed truck-rail facility in the Town of Milton. The Court found that the decisions of the Federal Minister and Cabinet failed to fulfill their duty to protect human health.
The project cannot now proceed without going back to the Federal government for reconsideration, including a full evaluation of the effects of the project.
“This has been a long battle to protect the health of our residents,” said Milton Mayor Gord Krantz. “We are delighted that our concerns have been heard.”
“The Court noted Federal Cabinet’s decision was flawed and unreasonable,” said Halton Regional Chair Gary Carr. “Our concerns about the health and safety of our residents have been heard loud and clear and we are very pleased with the Court’s decision.”
In 2020, the Environmental Review Panel found that CN’s proposed truck-rail hub in Milton would have significant adverse effects on the health of Halton residents. This is the only project ever subject to a federal environmental panel review found likely to cause significant adverse effects on human health.
There are also additional concerns about safety due to the potential for increased traffic. The project site is located within one kilometer of more than 34,000 residents, one hospital, 12 schools, and two long-term care homes.
Learn more about Milton's position on the project.
CN Logistics Hub
Learn about the CN Milton Logistics Hub proposal, our community’s concerns, and how you can get involved.www.milton.ca
– 30 –
For media inquiries, please contact:
Rob Faulkner
Senior Advisor, Public Relations
Email Communications Staff
Read this article on our website.
Reasons for decision: https://www.canlii.org/en/ca/fct/doc/2024/2024fc348/2024fc348.htmlFederal Court rules against Federal Cabinet approval of CN truck-rail hub
[162] In my view the end product, namely the Cabinet Justification Decision, is simply a reflection of the flawed Minister’s Referral Decision and is equally flawed by it. In this respect, the Cabinet Justification Decision is unreasonable for the same reasons the Minister’s Referral Decision is unreasonable, namely that it failed to meaningfully grapple with the important finding of the expert Review Panel that the Project will likely cause significant direct adverse environmental effect on the human health of local residents. It does not pass muster in this respect.
(3) Cabinet failed to consider the protection of human health in breach of subsection 4(2) of the CEAA 2012
[163] The Applicants submit Cabinet breached its mandatory obligation under subsection 4(2) of CEAA 2012 to exercise its powers under subsection 52(4) of CEAA 2012 in a manner that protects human health.
[164] As already noted, the expert Review Panel assessed considerable human health information resulting it its separate findings that the Project will likely cause both direct and cumulative significant adverse environmental effects on human health as it relates to air quality due to the Project’s increase diesel exhaust pollutants by the great number of diesel trucks and diesel railway locomotive using the Project. And as already noted these pollutants put people with asthma and those susceptible to various cancer and cardiovascular and respiratory diseases at risk, and may also include premature non-cancer deaths.
[165] CN submits that the CEAA 2012 contemplates projects that may be likely to cause significant adverse environmental effects may still be approved by the Governor in Council where it is determined such projects are “justified in the circumstances.”
[166] With respect, I agree because that is the very purpose of subsection 52(4): Cabinet has the final say notwithstanding the views of the Review Panel or of the Minister, and notwithstanding a designated project’s direct or cumulative significant adverse environmental effects.
[167] In this connection and for the reasons set out above concerning the Minister’s Referral Decision, I find subsection 4(2) provides guidance but does not determine results. The duty to consider subsection 4(2) is a legal constraint on Cabinet in deciding if the Project is “justified in the circumstances.”
[168] However, just as the Minister’s Referral Decision reveals nothing of any consideration of the protection of human health under subsection 4(2), Cabinet’s Justification Decision reveals nothing of any Cabinet consideration of subsection 4(2).
[169] Therefore, and essentially for the reasons given above in relation to the Minister’s Referral Decision, I find Cabinet failed to consider subsection 4(2). The Cabinet Justification Decision in these respects does not pass muster either.
Not sure I see the leverage here - or at least not for everyone. CN will likely continue to resist giving municipalities any say in their operations, wanting to deal direct with the feds and not set any precedents. I doubt Ontario wants any part of this (and they were not a party to the judicial review).Cutting through all the legal arguments, the concern that may carry the most weight with local residents and municipal politicians is truck traffic.... the Province is building good access to the 401 but there is a legitimate concern that individual truckers will take a short cut through areas that ought to be off-limits to truck traffic.
CN, of course, will claim ignorance of any such violations and maintain that it is not their role to enforce what goes on off their property by contract drivers who are not their employees. That may be true in a strict legal sense but it's an example where the railways manage to avoid all the risks and impacts while professing to be a "seamless" integrated transportation network. And expecting to have cheap and unfettered use of roads built by the taxpayer.
It certainly seems to me that this is solvable by putting some of CN's skin in the game. Suppose, for instance, that the municipality has the legal right to seize any offending truck (and its load) for 14 days. The shipper ain't going to like the service when the goods are sitting in an impound yard..
The other notable part of this argument is.... having obtained a favourable court ruling, the Province or Municipality have bargaining leverage. Maybe if Ottawa or the Province played their cards well, they could demand reciprocity....say, for things that CN is holding up with respect to GO expansion or VIA service. We complain so much about how Ottawa has no leverage on passenger rail.... well, maybe now they have a little. Let's not be "too nice" and not be willing to use it.
- Paul
Not sure I see the leverage here - or at least not for everyone. CN will likely continue to resist giving municipalities any say in their operations, wanting to deal direct with the feds and not set any precedents. I doubt Ontario wants any part of this (and they were not a party to the judicial review).
The question is how does the federal Minister and Cabinet get out from under this mess. It may be the only way in the short/medium term is for the Minister to basically say "there is no way to mitigate local harms" and the fed cabinet explicitly says "yep that's a shame but that's how it is" (para 165-166 above) and CN gets what they want. But it surely obliterates van Koeverden's chances of re-election in Milton (which was already on shaky ground by all accounts. The municipal parties may still take another kick at review as a delaying tactic to increase the pressure on CN. Even if CN were to (for example) offer to electrify sections of its lines for its own and/or VIA/GO purposes, that would be a net reduction where those lines run but doesn't do much to mitigate the local effects of the trucks coming in and out of the site.
My concern is how this might impede other rail projects which must use diesel, are large enough to trigger this level of review, and are similarly unwelcome by the local municipality.