National Academies Press: OpenBook

Railroad Legal Issues and Resources (2015)

Chapter: VIII. Chicago Region Environmental and Transportation Efficiency Program (CREATE)

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Suggested Citation:"VIII. Chicago Region Environmental and Transportation Efficiency Program (CREATE)." National Academies of Sciences, Engineering, and Medicine. 2015. Railroad Legal Issues and Resources. Washington, DC: The National Academies Press. doi: 10.17226/22093.
Page 29

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29 VIII. CHICAGO REGION ENVIRONMENTAL AND 276 TRANSPORTATION EFFICIENCY PROGRAM (CREATE) A. Introduction 276 The Chicago Region Environmental and Transportation Efficiency Program (CREATE) is “a first-of-its-kind public/private partnership” among the State of Illinois, City of Chicago, various railroads, and the Commuter Rail Division of the RTA (Metra) to improve railroad efficiency and reduce congestion, as well as to befit Metra.109 Statutes and Regulations 277 B. National Environmental Policy Act’s Applicability to CREATE 277 The National Environmental Policy Act (NEPA) applies to the CREATE program because it is partially funded with federal funds, and, therefore, must be reviewed by a federal agency.110 C. TIGER Program Under the American Recovery and 278 Reinvestment Act The DOT’s TIGER program established by the American Recovery and Reinvestment Act includes funding for passenger and freight rail transportation projects.111 Articles 278 D. Overview of CREATE’s Origin, Purpose, Projects, and Funding 278 A 2013 report by the Infrastructure Council of the Illinois Chamber of Commerce provides an overview of CREATE’s origin, purpose, projects, and funding and describes the Chicago area’s need for the CREATE program.112 109 Chicago Region Environmental and Transportation Efficiency Program (CREATE), “What is CREATE?,” available at: http://www.aurora- (last accessed Mar. 31, 2015). 110 42 U.S.C. § 4332 (2014); CREATE: Final Feasibility Plan (2005), available at: (last accessed Mar. 31, 2015). 111 Pub. L. No. 111-5, 123 Stat. 115, 516 (Feb. 19, 2009). 112 Benjamin J. Brockschmidt, Infrastructure Council of the Illinois Chamber of Commerce, CREATE Ten Years: The Past, Present, and Future of the Chicago Region’s Railroads (2013), at 2–3, available at: 4b58-ab8b-8ddb65dc72cf (last accessed Mar. 31, 2015).

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TRB’s National Cooperative Rail Research Program (NCRRP) Legal Research Digest 2: Railroad Legal Issues and Resources presents legal issues of importance that attorneys may encounter when representing both freight and passenger railroad owners, and operators involved in railroad-related transactions. Issues explored in the report range from abandonment and discontinuance to constitutional law, construction, contracts, interaction with regulatory agencies, safety, retirement, and numerous other subjects.

The electronic version of the digest includes more than 700 pages of case law presenting detailed summaries of statutes, regulations, cases, and relevant articles as a fundamental resource for use in understanding the background and broad ramifications of railroad-related law reflected in each category. To access the case law, click the Roman numeral headings, which are linked to the legal topics. A search for the legal topic will also result in finding it. The printed digest includes an annotated index of the case law and a bound-in CD-ROM with the case law reference materials.

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