Ever one to know which way the wind blows, Senator Norm Coleman takes a strong stand on the DM& E, according to the Rochester Post-Bulletin. Now he's talking tough:
WASHINGTON -- Sen. Norm Coleman said Thursday that he will oppose an expansion plan by the Dakota, Minnesota & Eastern Railroad unless the Department of Transportation comes up with a plan to address the concerns of the Mayo Clinic.
"I need to soon see a mitigation plan," Coleman, R-Minn., said in a conference call with reporters. "If there isn't a plan, then I'll do everything in my prerogatives as senator to stop this project, either through the appropriation process or the legislation process."
Coleman said he wants to see something by the end of the year.
The DM&E secured federal regulatory approval for the project earlier, but it is now seeking approval for a $2.3 billion loan from the DOT's Federal Railroad Administration.
The project would rebuild 600 miles of track across South Dakota and Minnesota and add 260 miles of new track to reach the Powder River Basin coal mines. It would cost an estimated $6 billion, with $2.3 billion coming from the federal loan and the rest from private funding.
Mayo Clinic and the city of Rochester oppose the project, arguing that the increased rail traffic could threaten the safety of the clinic's patients. The rail line runs only a few blocks away from Mayo Clinic, which wants DM&E to build a bypass around the city.
Mayo and Rochester-area officials praised Coleman's statements.
As for what kind or amount of mitigation would be sufficient, Mayo spokesman Chris Gade said, "the best kind of mitigation would be for the loan not to be approved."
The train, on its present above-ground alignment, and Mayo Clinic cannot co-exist, said John Wade, president of the Rochester Area Chamber of Commerce. The chamber, Mayo Clinic and Rochester's city and county governments form the Rochester Coalition that is fighting the railroad project and loan.
Were the train line to pass through Rochester underground in a tunnel, the plan might be acceptable, Wade said.
"I don't want to rule out any other options," he said.
Wade said he expects a mitigation plan, if it is worked out, to be negotiated by the FRA in consultation with the railroad and the Rochester Coalition.
Calls left with the DM&E and the Federal Railroad Administration were not immediately returned.
This made me want to look to see how tough Norm Coleman talked before the election that turned Rochester blue. Being a little short of time, I looked up the issue in Lexis-Nexis (we'll add links later when we have time to find these sources online). The answers are below the fold.
It seems as if Coleman looked to sit on the fence on this one, especially when compared to Senator Mark Dayton. Let's look at Coleman's major statements in reverse chronological order.
Back in September, the AP reported that Coleman and Gutknecht asked for a plan, pretty please:
Sen. Norm Coleman has asked the U.S. Department of Transportation for a plan to address concerns of those who fear an expansion by the Dakota, Minnesota & Eastern Railroad would harm the Rochester community and the Mayo Clinic.
Coleman, R-Minn., told reporters Thursday in Washington that he is waiting to hear from the department about his request.
"I have specifically asked the Department of Transportation to come up with a mitigation plan," Coleman said. "We need a mitigation plan, so I've asked them to study it and present something to us. They understand this is what's needed."
He said he believes the department will put "something on the table."
Steve Kulm, spokesman for the Federal Railroad Administration, said the department will review the letter before commenting.
Opponents of DM&E's expansion plan say the project could endanger patients and staff at the Mayo Clinic and harm its reputation. They also say the city would be adversely affected. Kevin Schieffer, chief executive of the railroad, has said upgrading the tracks will increase safety, and that critics are unwilling to come to an agreement.
The project has the potential to send up to 34 trains through downtown Rochester daily.
Coleman and Rep. Gil Gutknecht, R-Minn., put the study request in writing Thursday in a letter to Acting Transportation Secretary Maria Cino.
The Mayo Clinic and the city of Rochester have argued in a federal filing that the railroad has misrepresented its financial position as it seeks a $2.3 billion federal loan for its proposed expansion.
In its filing with the Federal Railroad Administration, the Rochester Coalition argued that DM&E is undeserving of the loan.
The Rochester Coalition is made up of the Mayo Clinic, Olmsted County, the city of Rochester and the Rochester Chamber of Commerce. The coalition has also called into question the railroad's safety record.
The FRA is considering the $2.3 billion loan application that DM&E needs to move forward on the expansion. The agency says it will take public comment on the project until Oct. 10. It then has 90 days to approve or deny the loan.
The Mayo Clinic, which is in Rochester, opposes the expansion plan, saying the increased flow of trains through Rochester, at higher speeds, would increase the risk of a spill.:
On July 7,the Post-Bulletin reported in "Coleman optimistic for D M & E deal" that the Senator just plainly figured everybody could get along. No lines drawn in his sand:
-During a visit to Rochester on Thursday, U.S. Sen. Norm Coleman said he remains hopeful that a deal can be worked out to resolve a dispute about the Dakota Minnesota & Eastern Railroad's plans to upgrade and extend its line through the city.
The railroad wants to extend its tracks into coal fields in Wyoming and then ship that coal to the Mississippi River.
Rochester, led by a coalition of opponents comprised of the city and county governments, Mayo Clinic and the Rochester Area Chamber of Commerce, remains a lone holdout among the cities along the railroad's path.
"I'm still a believer that you can get people to sit down," Coleman said. "It's really hard, because both sides don't trust the other."
The DM&E project has gotten federal approval, but the decision is being appealed in the federal courts. The railroad also has applied for a $2.5 billion federal loan. A Mayo-funded study says the loan would be a bad financial decision for taxpayers.
Coleman was vague on what a solution to the dispute between DM&E and Rochester would look like, but added that the "needs of Rochester have to be taken care of" if the upgrade and extension is to happen. But by the same token, Rochester also needs to be clear on "what the real needs are ... and what the costs are."
Talks with DM&E President Kevin Schieffer and the Rochester coalition have fruitless.
Coleman added that he has been "offended" by what Schieffer has put on the table, and "we've communicated that."
But he said Mayo Clinic officials need to realize that there are many who "want this to happen." Other goods, including farm products, could be shipped on the DM&E line.
Mood of the nation
Coleman also spoke of the political mood of the nation. He said it's obvious that there is a great desire among the electorate for change, that people are looking for government that "responds better than what we did" during Hurricane Katrina. But voters also have to look at the alternative, what Democrats have to offer.
On May 5, it was a slightly different story, when Dayton asked Noleman and other Republican leaders to stand up for Rochester, according to the AP's Frederick Frommer:
Sen. Mark Dayton challenged Gov. Tim Pawlenty, Sen. Norm Coleman and Rep. Gil Gutknecht to prevent the Dakota, Minnesota and Eastern Railroad from running its rail line through Rochester, leading to a rare public dustup between Minnesota's two senators.
"It's time that the governor, Senator Coleman and Representative Gutknecht stand up and tell one businessman he's not going to ramrod a project through a vital sector of Minnesota," Dayton, D-Minn., said on a conference call with reporters Friday.
"I've done about all I can. I'll continue to try, but I've got eight more months here, I'm in the minority caucus, and I'm not close to this administration."
Coleman spokesman Tom Steward took the gloves off in response.
"There's a reason why Time magazine recently listed Mark Dayton as one of the five most ineffective senators in Washington," Steward said, referring to a story last month in the magazine that labeled him "The Blunderer" in its list of five worst senators. "Senator Dayton is not a bridge-builder, he's a bridge-burner."
"Issuing blustery comments to the press isn't going to help negotiate a fair and safe settlement," he added. "We don't think this should be a partisan issue."
Retorted Dayton spokeswoman Chani Wiggins: "The facts will show that from the very beginning of Mark's term, he's worked consistently and persistently to find an alternative to the DM&E project going through downtown Rochester ... In order to be effective, we need to work together."
Dayton issued the challenge in response to a letter that DM&E President Kevin Schieffer wrote to the Mayo Clinic this week, questioning what more negotiations could accomplish without any counterproposal from the clinic. Mayo Clinic, which is located in Rochester, opposes the location of the rail line, saying its proximity could endanger the clinic's patients.
"No one else has lifted a finger, that I can see publicly, to try to do something to stop it from being rammed down the throat of downtown Rochester and the Mayo Clinic," Dayton said.
He accused Schieffer of displaying "incredible arrogance" in pushing the project over the objections of local leaders.
"I would say he's basing that on an assumption that we've shut off talks," Schieffer responded. "Whether arrogant or not, it's inaccurate."
"There was nothing I've ever said to suggest I would not begin negotiations tomorrow or this afternoon," he said.
This is not the first time that the railroad project has gotten Dayton's blood boiling. In February, he ripped Sen. John Thune, R-S.D., a former lobbyist for DM&E, for inserting language into a transportation bill last summer that helped the railroad apply for a $2.5 billion government loan.
He then famously said that the Mayo Clinic "is worth a hell of a lot more than the whole state of South Dakota." Dayton apologized for that remark but not for his criticism of Thune.
Last week, Dayton wrote to the administrator of the Federal Railroad Administration, Joseph Boardman, asking him to take "every reasonable precaution to safeguard taxpayers' dollars" in reviewing the DM&E's $2.5 billion loan application. Last month, he wrote to Pawlenty, asking the governor to ensure that state regulatory agencies exercise maximum oversight on the project.
"From our perspective, this is a federal issue, and it appears the parties have reached an impasse," said Pawlenty spokesman Brian McClung, adding that the governor's office has suggested federal mediation.
Gutknecht, whose district includes Rochester, did not return telephone messages left Friday.
Mayo spokesman Chris Gade praised Dayton for bringing the issue forward.
"We think this is a critical time in the process, and we feel it's important for those who are in a position to influence the situation to do what they can to address it as best they can," he said.
The DM&E, based in Sioux Falls, S.D., wants to add track to the Powder River Basin coal fields in Wyoming and upgrade its existing line in South Dakota and Minnesota. The project would involve building about 280 miles of new track and upgrading 600 miles of existing track.
Frommer reported that Coleman et al changed their tune two week after the Dayton challenge:
Two weeks after Sen. Mark Dayton challenged Sen. Norm Coleman and Rep. Gil Gutknecht to take a more active role in opposing the Dakota, Minnesota and Eastern Railroad, the three lawmakers joined forces in urging the Bush administration to give the project a thorough review.
In a letter sent to Transportation Secretary Norman Mineta Thursday, the trio and two other Minnesota lawmakers said they had "serious concerns" about the railroad's $2.5 billion government loan application pending with the Federal Railroad Administration. The railroad wants to rebuild its 600 miles of track through South Dakota and Minnesota and build 280 miles of new line into Wyoming so it can ship coal from the Powder River Basin in northeast Wyoming.
"The proposed $2.5 billion loan represents a major investment on behalf of the taxpayers," said the letter, signed by Minnesota Republicans Gutknecht, Coleman, Rep. Mark Kennedy and Rep. John Kline, and Dayton, D-Minn.
"It is essential that you ensure that this loan can be repaid in full. We respectfully urge you to review this loan with the scrutiny that such a large commitment deserves."
The lawmakers cited a report funded by the Rochester Coalition, which questioned the railroad's ability to pay back the loan. The coalition, which includes the city of Rochester and the famed Mayo Clinic, has objected to the expansion because it would mean more trains running through the city and close to the clinic.
DM&E quickly rejected that study, and earlier this week, all three members of South Dakota's congressional delegation wrote to the Federal Railroad Administration challenging the objectivity of the study.
On May 5, Dayton called on Coleman, Gutknecht and Minnesota Gov. Tim Pawlenty to stand up to the railroad. That led to an angry retort by Coleman spokesman Tom Steward, who cited a recent Time magazine study that labeled Dayton one of the five worst senators.
In a statement Thursday, Coleman said, "This rail project is important to southern Minnesota, but the railroad must understand that if a negotiated settlement acceptable to the (Rochester) Coalition isn't found, I will not support the project."
The letter originated with Gutknecht, whose district includes Rochester.
"This is not a response to the senator's challenge," said Gutknecht spokesman Jon Yarian. "This is simply the right thing to do."
DM&E president Kevin Schieffer said he wasn't too worried about the letter or the report.
"Mayo's tax-exempt resources and Rochester's tax dollars have produced more nonsense that will be rejected as every other discredited study they have done," he said.
Dayton said he didn't know if his call for action led to the joint letter.
Norm Coleman's formerly wishy-washy responses did not go unnoticed in Rochester. For all the occasional "I won't support this plan unless...", Coleman failed to file any public comments about the plan during the Federal Railroad Adminstration's official comment period, according to the Post Bulletin.
Were his earlier public statements simply pandering?
On October 12, The paper's editorial board wrote an editorial noting Coleman's and Gutknecht's silence while praising Dayton:
Oct. 12--When Sen. Mark Dayton leaves office in January, Rochester will have lost a ferocious advocate for the city's interests.
On Tuesday, the day the Federal Railroad Administration's official comment period on the DM&E
Neither Sen. Norm Coleman nor Rep. Gil Gutknecht took the opportunity to take a public stand demanding the FRA offer some respect to Rochester's deep problems with a looming federal debacle. That storm cloud is a $2.3 billion taxpayer loan to a railroad that experts have said stands a slim chance of making repayment.
In a letter to Joseph Boardman, FRA administrator, Dayton reminded Boardman that the proposed loan to the DM&E raises serious environmental, safety and economic concerns.
Dayton demands that the FRA do its own environmental review instead of adopting the work of the Surface Transportation Board. Dayton wants a new environmental review in addition to a complete public disclosure on the DM&E's loan application.
Dayton also wants some sunshine on the application, as well as an analysis of the creditworthiness of the railroad and an analysis of the economic impact the railroad would inflict on communities and safety needs.
Railroad loan ended, Dayton let fly a 10-page letter demanding the FRA pay attention to Rochester's concerns.
More than that, Dayton wrote that he wants it all done before the loan application is considered complete.
Our view
What Dayton asks seems a prudent request, considering taxpayers would be left holding the bag should the DM&E fail to pay back the loan.
"What is important is that all of us representing Minnesota are working together on behalf of the critical interests of our state," he said in a statement.
So what happened that made Coleman take such a definite stand now? Oh yeah, that pesky election.
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