The West Valley is one of the fastest-growing regions in America. With that growth comes challenges. We need roads, utilities, schools, public safety resources, and infrastructure capable of supporting hundreds of thousands of new residents.

One challenge that receives far less attention than it deserves is rail traffic.

Residents throughout Surprise, El Mirage, and other West Valley communities regularly encounter trains stopped across major intersections for extended periods. Sometimes the delays are a few minutes. Other times residents report being trapped for 45 minutes, 60 minutes, or even longer.

The frustration is understandable.

Taxpayers spend millions of dollars building and maintaining roads and intersections designed to move people efficiently through their communities. Yet when a train stops across all crossing, traffic comes to a complete standstill. Businesses are impacted. Workers are delayed. Parents are late picking up children. Entire traffic corridors can become gridlocked.

Many states have laws that prohibit railroads from blocking intersections for extended periods and authorize fines when trains obstruct crossings beyond a specified amount of time. Unfortunately, those laws often provide little practical relief because railroads frequently operate under federal authority that limits state and local enforcement.

Thirty-seven states and the District of Columbia have adopted laws or regulations limiting how long trains may block crossings.

Courts have repeatedly struck down or rendered those laws unenforceable on the grounds that federal law preempts state and local regulation of railroad operations.

Legal analyses note that virtually every court to consider these blocked-crossing laws under federal preemption has ruled against the states or municipalities attempting to enforce them.

States including Oklahoma, Ohio, Indiana, Texas, Illinois, California, and others have been involved in major court battles over blocked-crossing statutes. In each case, railroads argued that federal law gives the federal government exclusive authority over railroad operations, and courts largely agreed.

The frustrating reality is that states have repeatedly tried to hold railroads accountable for blocking crossings, only to be told they lack the authority to do so. Oklahoma enacted a law allowing fines against railroads that blocked intersections for more than ten minutes. After BNSF challenged the law, federal courts ruled that federal railroad regulations preempt state authority, and in 2022 the U.S. Supreme Court declined to hear Oklahoma's appeal, leaving the lower court ruling in place. As a result, Oklahoma's blocked-crossing law became essentially unenforceable. The message to local communities was clear: even when trains block roads, delay commuters, and potentially impact emergency response times, states and cities have very limited power to force railroads to change their behavior.

The result is a frustrating reality for local governments and residents alike. Cities receive complaints. Councilmembers make calls. Discussions occur. Sometimes conditions improve briefly. Then the problem always returns.

Local officials often find themselves with very few tools available to address the issue.

This is one reason many West Valley residents are concerned about BNSF's proposed intermodal facility in Wittmann.

The project would dramatically increase rail activity in the area while generating thousands of additional truck trips each day. More rail activity means more opportunities for blocked crossings and more disruptions to surrounding communities.

The concern goes far beyond inconvenience.

What happens when an ambulance is transporting a patient to a hospital and encounters a blocked crossing?

What happens when firefighters are responding to a structure fire?

What happens when law enforcement officers are attempting to reach an emergency situation?

In emergency response, seconds matter. Delays can have serious consequences.

BNSF often emphasizes the economic benefits of its projects, and economic development is important. But residents also deserve to know what the real-world impacts will be on the communities that must live with those projects every day.

Many West Valley residents already feel that BNSF has not been a good neighbor. Complaints have ranged from blocked crossings to maintenance issues, debris concerns, and lighting impacts. Whether those concerns are justified or not, they reflect a growing frustration among citizens who feel their voices are not being heard.

The proposed Wittmann intermodal hub would bring those concerns to an entirely new scale.

This is not simply a debate about trains. It is a debate about quality of life, public safety, local control, and whether communities have any meaningful ability to protect their residents from the impacts of projects imposed upon them.

The people of the West Valley deserve infrastructure that moves traffic efficiently, supports emergency response, and respects the communities it serves.

Before approving a massive rail project in Wittmann, policymakers should ask a simple question:

If residents are already struggling with blocked crossings today, what will conditions look like after one of the largest rail facilities in the Southwest is built?

The answer should concern every resident of the West Valley.

The recent wave of train heists across Arizona is not the work of old-fashioned bandits romanticized in movies. According to law enforcement, these crimes are being carried out by sophisticated cartel-linked criminal networks that are targeting cargo trains transporting high-value merchandise through the Southwest. For communities in the West Valley, especially Wittmann, this raises serious concerns about the proposed massive BNSF intermodal facility and logistics hub.

Authorities say these organized crime groups carefully study train schedules, cargo manifests, and remote stopping points before striking. Chief Deputy Jeff Newnum of the Yavapai County Sheriff’s Office described the operations as highly coordinated criminal enterprises that know “the right place and the right time to make these hits.” Their preferred targets are trains carrying expensive consumer goods, particularly shipments leaving California headed east through Arizona.

The thefts typically occur in areas where trains are forced to stop or slow down to allow other rail traffic to pass. Criminal crews then move in with cargo vans and rapidly unload valuable merchandise from railcars before disappearing. Workers who encounter these crimes can find themselves in dangerous situations, facing organized groups willing to operate boldly and openly.

The concern should not be dismissed as fearmongering. The problem has already escalated beyond rail thefts alone. In April, authorities connected the same criminal network to the theft of cargo from a semitruck in Ash Fork near Interstate 40 while the driver was resting. According to law enforcement, the suspects acted brazenly in a busy truck stop filled with witnesses and surveillance cameras, demonstrating a disturbing level of confidence and disregard for public safety.

This matters greatly when discussing the proposed BNSF logistics hub in Wittmann.

BNSF has repeatedly stated that it has its own police force. However, nationwide BNSF reportedly employs only about 150 railroad police officers, with only two assigned to all of Maricopa County. That reality raises serious questions about enforcement capacity if a massive intermodal facility is eventually built in Wittmann.

Unlike incorporated cities, Wittmann does not have its own municipal police department. The community relies on the Maricopa County Sheriff's Office for law enforcement coverage across a vast area. Deputies are already stretched thin responding to growth pressures, traffic issues, and public safety demands throughout the county.

Residents opposing the proposed BNSF intermodal project have repeatedly warned about infrastructure, traffic, and quality-of-life concerns. The issue of organized cargo theft and cartel-linked criminal activity adds yet another serious public safety dimension to the debate.

Supporters of the project often focus on economic development and construction jobs. But communities must also ask difficult questions about the long-term consequences of creating one of the largest rail logistics operations in the region in an unincorporated rural area without a dedicated local police force.

Arizona is already experiencing the consequences of organized rail cargo theft along major freight corridors. The West Valley should not ignore those warning signs.

The people of Wittmann and surrounding communities deserve honest answers about how public safety would be protected, who would pay for increased law enforcement demands, and whether county resources are truly equipped to handle the risks associated with a project of this magnitude.

The recent wave of train heists across Arizona is not the work of old-fashioned bandits romanticized in movies. According to law enforcement, these crimes are being carried out by sophisticated cartel-linked criminal networks that are targeting cargo trains transporting high-value merchandise through the Southwest. For communities in the West Valley, especially Wittmann, this raises serious concerns about the proposed massive BNSF intermodal facility and logistics hub.

Authorities say these organized crime groups carefully study train schedules, cargo manifests, and remote stopping points before striking. Chief Deputy Jeff Newnum of the Yavapai County Sheriff’s Office described the operations as highly coordinated criminal enterprises that know “the right place and the right time to make these hits.” Their preferred targets are trains carrying expensive consumer goods, particularly shipments leaving California headed east through Arizona.

The thefts typically occur in areas where trains are forced to stop or slow down to allow other rail traffic to pass. Criminal crews then move in with cargo vans and rapidly unload valuable merchandise from railcars before disappearing. Workers who encounter these crimes can find themselves in dangerous situations, facing organized groups willing to operate boldly and openly.

The concern should not be dismissed as fearmongering. The problem has already escalated beyond rail thefts alone. In April, authorities connected the same criminal network to the theft of cargo from a semitruck in Ash Fork near Interstate 40 while the driver was resting. According to law enforcement, the suspects acted brazenly in a busy truck stop filled with witnesses and surveillance cameras, demonstrating a disturbing level of confidence and disregard for public safety.

This matters greatly when discussing the proposed BNSF logistics hub in Wittmann.

BNSF has repeatedly stated that it has its own police force. However, nationwide BNSF reportedly employs only about 150 railroad police officers, with only two assigned to all of Maricopa County. That reality raises serious questions about enforcement capacity if a massive intermodal facility is eventually built in Wittmann.

Unlike incorporated cities, Wittmann does not have its own municipal police department. The community relies on the Maricopa County Sheriff's Office for law enforcement coverage across a vast area. Deputies are already stretched thin responding to growth pressures, traffic issues, and public safety demands throughout the county.

Residents opposing the proposed BNSF intermodal project have repeatedly warned about infrastructure, traffic, and quality-of-life concerns. The issue of organized cargo theft and cartel-linked criminal activity adds yet another serious public safety dimension to the debate.

Supporters of the project often focus on economic development and construction jobs. But communities must also ask difficult questions about the long-term consequences of creating one of the largest rail logistics operations in the region in an unincorporated rural area without a dedicated local police force.

Arizona is already experiencing the consequences of organized rail cargo theft along major freight corridors. The West Valley should not ignore those warning signs.

The people of Wittmann and surrounding communities deserve honest answers about how public safety would be protected, who would pay for increased law enforcement demands, and whether county resources are truly equipped to handle the risks associated with a project of this magnitude. 

The proposed BNSF Railway intermodal hub in Wittmann continues to move through a complicated legal and political landscape—one that now includes direct input from the Surface Transportation Board (STB).

On March 30, Vice Chair Debbie Lesko sent a formal letter to the STB seeking clarity on whether federal law could override local opposition to BNSF’s planned development. This came after the Maricopa County Board of Supervisors unanimously voted on November 5 to deny a Comprehensive Plan Amendment—effectively stalling the project at the local level.

The STB’s response did not give a definitive yes or no on Wittmann. Instead, it outlined how these decisions are made and what factors matter most:

1. No Immediate Ruling

• The STB cannot issue a binding decision without a formal legal filing.
• Any definitive answer would require a “declaratory order” proceeding, a structured legal process where the Board evaluates the case.

2. Federal Law Often Overrides Local Control

• Railroads fall under exclusive federal jurisdiction when it comes to “transportation by rail.”
• This includes rail yards, terminals, and facilities like the proposed intermodal hub.
• The purpose is to prevent a patchwork of local laws from interfering with interstate commerce.

3. Two Types of Federal Preemption

• Categorical Preemption:
• Local governments generally cannot:
• Require permits that could block rail construction
• Regulate core rail operations like routes, services, or facilities
• “As-Applied” Preemption:
• Some local laws may still apply—but only if they don’t interfere with rail operations.
• This is decided case-by-case.

4. It Depends on the Details

• Whether local rules apply depends on factors like:
• How much they impact rail operations
• Whether they specifically target railroads
• Whether active rail transportation is involved

5. Not All Local Authority Is Lost

• Some requirements—like fencing, safety improvements, or costs tied to public infrastructure—can still be enforced if they don’t disrupt rail activity.

The STB’s response makes one thing clear: this fight is far from over.

• The county’s denial of the Comprehensive Plan Amendment does not necessarily stop the project permanently.
• If BNSF chooses, it could pursue a federal ruling that may override local decisions.
• However, such a ruling is not guaranteed and would depend heavily on the specifics of the project.

This situation highlights a growing tension seen across the country:

• Local communities want a say in large-scale industrial development.
• Federal law prioritizes the efficiency of interstate rail and commerce.

For Wittmann residents and Maricopa County leaders, the key takeaway is this:

While local governments can influence development, railroad projects operate under a unique legal framework where federal authority often carries significant weight.

If BNSF moves forward, the next major step would likely be:

• Filing a petition for a declaratory order with the STB
• Triggering a formal legal review that could take months—or longer

Send letters to:

Chairman Patrick Fuchs Surface 

Transportation Board 

395 E Street SW 

Washington, DC 20423

Until then, the Wittmann intermodal hub remains in a holding pattern, with both local opposition and federal law shaping its uncertain future.

The proposed BNSF intermodal hub in Wittmann is not happening by accident. It is the result of a deliberate shift in how freight moves across the western United States—and more importantly, where companies can operate with fewer restrictions and lower costs.

Understanding why Wittmann has been chosen helps explain what could come next.

🚆 Why Wittmann? Follow the regulations—and the money

BNSF Railway is one of the largest freight rail companies in North America, and like any business, it makes decisions based on efficiency, cost, and long-term growth.

Arizona offers several advantages that California no longer does:

• Fewer trucking regulations – Unlike California, Arizona does not impose strict emissions mandates or independent contractor restrictions, allowing trucking companies to operate more cheaply and flexibly
• Lower operating costs – Fuel, labor, compliance, and permitting costs are all significantly lower
• Faster development timelines – Projects can move forward more quickly without the lengthy regulatory hurdles seen in California
• Strategic location – Wittmann sits in a growing corridor that connects rail freight to regional distribution across the Southwest

In short, freight can be brought in by rail, transferred to trucks, and distributed efficiently—all at a lower cost than in neighboring states.

That is why Wittmann is attractive.

While the project may make business sense for BNSF, the impacts on Wittmann and surrounding communities could be significant—and long-lasting.

An intermodal hub is not just trains—it is trucks.

• Thousands of semi-trucks moving in and out daily
• Increased congestion on already strained roadways
• Higher risk of accidents and delays

What is now a rural road network could quickly become a heavily trafficked freight corridor.

Wittmann is valued for its quiet, rural lifestyle—open land, horses, and clean air.

That changes with an industrial rail hub:

• Constant train activity
• Diesel truck emissions
• Dust, debris, and industrial runoff
• Round-the-clock noise from loading, unloading, and idling equipment

This is not light industry—it is large-scale logistics. The environment will become noisier, dirtier, and more industrialized.

With increased freight activity comes increased risk.

• Trains routinely carry hazardous materials
• Accidents, leaks, or spills can occur
• Contaminants can seep into Arizona’s already fragile groundwater system

In a desert environment where water is one of our most precious resources, even a single incident can have long-term consequences.

Rail operations across the country are changing—and not always for the better.

• Train lengths are increasing, often exceeding two miles
• Longer trains are harder to manage and stop
• Industry pressure to “keep freight moving” can lead to corners being cut

There are growing concerns that:

• Conductors and engineers are often pushed to “get the job done”, even under difficult conditions
• Safety protocols can be strained under operational pressure

As a result:

• Derailments could increase, especially under extreme heat and heavy loads common in Arizona

Rail infrastructure is not heavily policed on a local level.

• Railroad police forces are small and spread across multiple states
• Local law enforcement will carry much of the burden

At the same time:

• Cargo theft—modern-day train robberies—is on the rise
• Organized groups target freight trains, especially in remote areas

With limited enforcement presence, large rail hubs can become targets for theft and criminal activity.

Perhaps the most significant impact is not one single issue—but the transformation of the community itself.

Wittmann is not an industrial zone. It is a rural community where people:

• Value peace and quiet
• Raise families and animals
• Live away from the congestion of the city

This project represents a shift from:

➡️ Rural lifestyle → Industrial logistics corridor

Once that change happens, it cannot be undone.

Despite strong opposition from residents, there is a hard truth:

• Railroads operate under federal authority
• Local governments have limited ability to stop or control these projects

That leaves communities like Wittmann in a difficult position—facing major change without having had a meaningful voice in the decision.

BNSF is choosing Wittmann because it is easier, cheaper, and faster to operate here than in more heavily regulated states. From a business standpoint, the decision is logical.

But for the people who live in Wittmann and surrounding areas, the concerns are real:

• Increased traffic and congestion
• Noise and environmental degradation
• Risk of spills and groundwater contamination
• Rising crime and limited policing
• Longer trains and potential safety risks
• The permanent loss of rural character

This is not just a project—it is a turning point.

The question facing the community is not just whether this hub should be built, but whether the long-term consequences are worth the short-term economic gain.

BNSF Railway has begun clearing and grading approximately 350 acres of desert land near Wittmann—despite not having secured final zoning approval from Maricopa County for its massive Logistics Park Phoenix project. The activity, focused near 235th Avenue and U.S. 60, marks a significant escalation in an already heated battle between the railroad, county leaders, and residents concerned about the future of the rural northwest Valley.

According to BNSF, the current work is limited in scope and represents early-stage site preparation. However, for many watching closely, this move feels less like routine groundwork and more like a calculated step forward without local consent.

A Massive Project with Major Impacts

The proposed Logistics Park Phoenix is anything but small. Plans outline a sprawling 4,321-acre development that includes a 1,770-acre intermodal facility, a 1,420-acre logistics park, and a 1,131-acre logistics center. Initial construction has been anticipated since late 2025, with operations projected to begin around 2028.

But those long-term plans hinge on approvals that have not yet been granted.

Local Leaders Already Said No

In November, the Maricopa County Board of Supervisors voted to deny a key comprehensive plan amendment tied to the project, citing serious concerns over traffic and infrastructure. With Grand Avenue and Loop 303 already strained, supervisors made clear that adding tens of thousands of additional daily trips—estimated at 22,000 vehicles, including 6,600 trucks—would create unacceptable impacts.

The City of Surprise also took a firm stance, passing a resolution opposing the project and warning of “substantial unmitigated risk” to public services and quality of life. Residents throughout Wittmann and surrounding communities have echoed those concerns, organizing meetings, signing petitions, and speaking out about preserving the rural character of the area.

BNSF Expands While Questions Remain

At the same time, BNSF has continued acquiring land around the proposed site, purchasing additional parcels and homes—some from willing sellers whose properties were increasingly surrounded by railroad-owned land. These acquisitions, combined with the visible grading activity now underway, suggest the company is positioning itself for eventual development regardless of ongoing local opposition.

BNSF and some legal analysts have pointed to federal preemption laws governing rail operations, which could allow portions of the project—particularly the intermodal facility—to move forward even if local zoning approvals are denied. That legal gray area raises serious questions about how much authority local governments truly have in this fight.

A Direct Challenge to Local Authority

For many, the decision to begin grading before securing approval is seen as a blatant show of disregard for local governance. After the Board of Supervisors clearly rejected the project’s plan amendment, moving forward with on-the-ground activity sends a troubling message.

Every supervisor should be concerned about what this represents—not just for Wittmann, but for the precedent it sets across Maricopa County. If a project of this scale can begin advancing without approval, it undermines the very process designed to protect communities, infrastructure, and taxpayers.

What Comes Next

For now, all eyes are on what happens next. Will BNSF pause further activity while approvals are still pending, or will this grading expand into more aggressive development? Will the county push back harder, or will this dispute move into the courts?

One thing is certain: this is no longer just a proposal on paper. The fight over the future of Wittmann is now playing out in real time—on the ground, in the desert, and in full view of the public.

On January 6, 2026 at approximately 2:30 p.m., a BNSF freight train derailed near Grand Avenue and Thompson Ranch Road in El Mirage, AZ. A total of 16 cars were involved in the incident. The City of Surprise immediately sent mutual aid crews to assist El Mirage police and fire personnel, and Grand Avenue was closed for several hours while first responders secured the scene and redirected traffic.

Officials reported that one of the railcars was carrying an unidentified hazardous substance. Out of an abundance of caution, public safety agencies began diverting westbound vehicles at Grand Avenue and 111th Avenue to keep families and commuters away from the area until more information was available. BNSF spokesperson Lena Kent stated that there was no immediate threat to the public." There were no injuries to residents, rail employees, or BNSF staff. The cause of the derailment remains under investigation.

As fate would have it, I was driving on Grand Avenue through El Mirage when the derailment occurred. The sound was like nothing I have ever heard in my life—loud, violent metal, the kind of noise that stops you in your tracks and makes you realize how fragile public safety can be. Within moments police and fire crews were on site, doing exactly what we expect them to do: protecting the community without hesitation. My phone, of course, began going off on repeat as neighbors, precinct committeemen, and coalition members shared updates and worries.

The team I have been working with to oppose BNSF’s proposed 4,400-acre intermodal hub in Wittmann issued a press release shortly after the accident. Many of us have been warning about these very risks for years. When you run trains carrying unknown or hazardous materials through the heart of the West Valley, it is not a matter of if a serious accident will happen, but when. A hub of the size BNSF desires could place thousands of citizens in danger and potentially result in injuries, long-term environmental damage, or even death.

West Valley residents made their voices heard on November 5 when the Maricopa County Board of Supervisors voted against the comprehensive plan amendment requested by BNSF. That vote was a victory for rural families and suburban neighborhoods alike, but the fight is far from over. Later this year BNSF is expected to return before the Board seeking a zoning change and yet another attempt to alter the comprehensive plan. I am continuing to gather signatures and letters of opposition so we are ready when that hearing comes.

Raoul Sada of the Northwest Valley Chamber of Commerce and Danny Seiden of the Arizona Chamber of Commerce have shown little regard for the everyday citizens of the West Valley, for preserving our rural lifestyle, or for the very real traffic and safety challenges our communities face. Their support for BNSF has been transparent from the start, and they appear willing to disregard the will of the people that was clearly expressed on November 5th. This derailment should serve as a warning to those voices in the business establishment that minimize neighborhood concerns. The incident vindicates the Board of Supervisors’ vote on November 5th to reject BNSF’s comprehensive plan amendment and confirms what many families have been saying—protecting public safety must come before corporate ambition.

I believe in solving problems instead of complaining about them. Our community values family, roots, and the right to live without unnecessary corporate threats hanging over our children’s future. The derailment on Grand Avenue is a reminder that vigilance matters. We must continue to stand together—not only to save Wittmann, but to protect the entire West Valley.

I have said all along that BNSF Railway is not being a good neighbor — and this is yet another example that proves my point.

I live near 163rd Avenue and Grand Avenue in Surprise. Every day, I drive down 163rd and I always notice how pristine the medians are. They are beautifully maintained — free of weeds, well-manicured, and clear of trash. That is, until you reach the stretch just before BNSF’s railroad tracks near Grand Avenue.

There is a roughly 40-foot section of median that tells a completely different story. It is overgrown with weeds, filled with trash, and clearly neglected. Thousands of people drive past this spot every day. Many sit right next to it at the traffic light. Most don’t consciously notice it — until they do. And once you see it, you can’t unsee it.

I previously worked in property management, and that experience trained my eye. I notice the small details — burned-out light bulbs in restaurants, mismatched touch-up paint, curbs that need repainting. I’ve been noticing this median for years, and it is long past time that something was done about it.

Nick Haney, the City Council member who represents this area, is everything you could want in an elected official. He is responsive. He listens. And most importantly, he acts. As soon as he heard my concern, he got to work.

The City of Surprise is now in direct communication regarding this issue, and the plan moving forward is encouraging but not finalized. I am told if agreed, the City will maintain the medians, and BNSF will reimburse the City for that maintenance. This is great news — not just for this specific intersection, but for many other roadways in Surprise where medians fall on BNSF property and urgently need upkeep.

I think every city that has rail running through it should consider following in the footsteps of Surprise.

Here’s the bigger point:

If a private citizen allowed their yard to become this overgrown, they would be cited and fined. Cities enforce these standards every day — as they should. Railroads must be held to the same standard. Corporate property should not be exempt from basic community responsibility.

Clean, well-maintained roads are not just about aesthetics. They reflect pride, safety, and respect for the people who live and work here. Every entity that operates in our city — including BNSF — must do their part to keep Surprise looking like the beautiful community it is.

BNSF, it’s time to truly be a good neighbor.

Won the Battle - But the War Is Not Over

Earlier this month, the Maricopa County Board of Supervisors voted with the people and rejected BNSF’s proposed change to the Comprehensive Plan. The voice of the people was heard loud and clear. Citizens from across the West Valley stood together to protect our rural lifestyle, preserve open space, and defend our communities from the massive industrial development that would have forever changed Wittmann and the west valley.

But make no mistake—BNSF will not go away quietly. Despite the clear opposition from residents, homeowners’ associations, and local leaders, the company continues to push forward. Their next move will be to request a zoning change, which will again appear as an agenda item before the Maricopa County Board of Supervisors.

That means our work is far from done. We must continue to gather signatures and build momentum to show that the people of the West Valley stand united. If you have already signed the petition, please share this newsletter with your friends, neighbors, and community groups. Every voice matters, and every signature counts.

BNSF Faces Tough Questions at Weekend Meeting - But Provides Few Answers

Last Saturday, I attended a community meeting where representatives from BNSF—Lena Kent and Kyle Cooper—gave a presentation they said was intended to “correct misinformation.” From the start, it was clear the audience came prepared with serious concerns, and the responses from BNSF left many even more frustrated than before.

Kent stated that BNSF and the City of Surprise have “been in discussions for quite some time” regarding their proposed intermodal hub in Wittmann, including discussions about needed road improvements. But when an audience member asked the obvious question—“Why did every City Council member cite lack of communication as a reason for their resolution in opposition?”—BNSF had no answer.

The room erupted with disbelief.

Instead of offering transparency, BNSF turned to fear-based talking points. Kent brought up the empty grocery store shelves during COVID, saying, “If the hub existed then, that would have helped and there would not have been as many empty shelves.”

The implication was clear: opposing the hub is equivalent to jeopardizing supply chains. Many in the audience did not appreciate the tactic.

When concerns about dramatically increased truck traffic were raised, Kent dismissed them by saying, “There are already lots of trucks on the roads.”

That response only fueled more anger. Community members deserve actual data, not dismissive rhetoric.

The tension reached a point where many people simply walked out.

Growing Concerns and Waning Confidence

BNSF will soon be making a similar presentation at the Sun City Republican Club, but the company is already facing serious credibility issues. After their loss at the Maricopa County Board of Supervisors, I heard from multiple sources that several vendors have cancelled plans for future warehouse space on BNSF property in Wittmann. Instead, they are opting to utilize existing warehouse capacity along the 303—reinforcing the point that BNSF’s proposed hub is not essential for regional commerce.

If I had been able to ask a question at the meeting, it would have been this:

Why should we trust you?

• You have already violated Dark Sky protections.
• The City of Surprise stated publicly that you do not communicate.
• You requested a fourth continuance only 48 hours before the Board of Supervisors meeting—claiming you wanted both the Comprehensive Plan Amendment and zoning heard at the same time, even though the meeting date had been scheduled for over 60 days.

These actions paint a troubling picture of a corporation asking for trust while showing little accountability.

The Fight Continues

BNSF has made it clear they will not walk away quietly. They will continue pushing for their massive intermodal hub—regardless of its impact on rural communities, local roads, water concerns, traffic safety, and quality of life.

And so must we.

The people of rural Arizona deserve a voice, transparency, and respect—not fear tactics and last-minute desperate maneuvers. We must continue standing up, speaking out, and protecting the character and safety of our communities.

Together, we can preserve rural Arizona and ensure decisions are made in the best interest of the people—not powerful corporations.

 DAVID BEATS GOLIATH: CITIZENS TRIUMPH OVER BNSF

On November 5th, the Maricopa County Board of Supervisors voted unanimously against BNSF’s proposed Comprehensive Plan Amendment—a stunning victory for the citizens of the West Valley. It was truly a David and Goliath battle, and yes, David won.

The Power of the People

BNSF came into this fight confident—some might say cocky. They described their amendment as merely “correcting a mapping error,” believing it would be an easy win. But the people of Wittmann, Surprise, and surrounding rural communities saw through the spin.

Despite BNSF’s underhanded tactics—including paying to get signatures of support, using misleading clickbait links on social media, bullying local residents, and spending hundreds of thousands on a PR campaign—citizens refused to be intimidated or deceived.

The Last-Minute Trick

When it became clear their plan was in trouble, BNSF tried one last desperate maneuver. Less than 36 hours before the vote, the company blasted a mass email and flooded social media claiming they were “requesting a continuance.” It was a transparent attempt to suppress turnout from the opposition.

But the citizens didn’t fall for it. Word spread quickly, and on the morning of the meeting, the Board of Supervisors’ chambers were packed. There wasn’t an empty seat in the house. The walls were lined with residents wearing “No BNSF” stickers, standing shoulder to shoulder in peaceful opposition.

The Vote and the Victory

BNSF’s attorney, Susan Demmitt, again asked for a continuance during her opening remarks—but her request went nowhere. After three previous continuances, the Board wasn’t playing that game anymore.

Four union representatives spoke in favor of BNSF, citing potential construction jobs during the building phase. But those jobs would be temporary, while the impact on families, schools, property values, and the environment would be permanent.

More than 30 citizens took to the microphone to speak passionately against the proposal. Each Supervisor explained their vote before the roll call—and one by one, they all voted “No.”

A Moment to Celebrate

When the final vote was announced, the room remained calm. Even in victory, the opposition remained respectful. Chairman Galvin called for a brief recess, and as the crowd filed outside, there were tears of joy, hugs, and high-fives all around. It was a beautiful moment for the people of the West Valley—a reminder of what can be accomplished when we stand united.

The Fight Isn't Over

While this was a tremendous victory, it was just one battle in a larger war. BNSF has deep pockets and powerful interests behind them. They may have lost this round, but they won’t go away quietly.

We will continue gathering signatures, rallying public officials to speak out, and turning out in force at future hearings. We are strong when we stand together—and rural Arizona is worth fighting for.

Thank you to every citizen who made this victory possible, and to the Maricopa County Board of Supervisors for listening to the people they represent.

For now, let’s take a moment to breathe, smile, and celebrate this win for rural America.

BNSF THREATENS PREEMPTION - IS IT A DONE DEAL?

BNSF is proposing a large logistic hub/intermodal facility in Wittmann, Arizona that would involve rail‐served tracks, yard infrastructure, transfer facilities, 19 warehouses, truck/rail interchange, and so on.

 
This is a major project with significant local impact: traffic, land-use, zoning, environmental concerns, community opposition.

 
Because the facility is tied to interstate freight rail operations, federal law around railroad regulation and preemption plays a central role in how local/state governments can regulate it. BNSF has told the Maricopa County Board of Supervisors - We can move forward with the project under preemption. That is partially true. BNSF can use another avenue to get the intermodal hub they want should the BOD vote NO. So what exactly is preemption?

 
THE LEGAL BASIS

• Under the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”) and  related statutes, the Surface Transportation Board (STB) has exclusive      jurisdiction over “transportation by rail carriers” as well as  construction, acquisition, operation, or discontinuance of rail facilities.
• Section 10501(b) of title 49 U.S.C. preempts state or local regulation with      respect to rail transportation and facilities when applied to a carrier.
• The basic definition is: if local land use, zoning, permitting or preconstruction review significantly interferes with rail carrier operations, they may be preempted.

WHAT LOCAL GOVERNMENTS CAN AND CANNOT DO

• Local  governments can still exercise police‐power regulation for health/safety (e.g., building codes, fire safety) so long  as they do not unduly interfere with a carrier’s operations.
• However, requiring full local permit reviews, zoning changes that effectively block  or impose undue burdens on a rail facility, or applying regulations aimed      specifically at rail operations, are more likely to be preempted. E.g.,  permits for a transload facility were held preempted.

HOW THE PROCESS WOULD PLAY OUT IN WITTMANN

1. Local land use and permitting review

• Because  the area is unincorporated, Maricopa County has land‐use & zoning authority.
• BNSF  must apply for rezoning or special land‐use  permit to allow the intermodal hub facility. Indeed, the information  session states BNSF “is requesting changes to the current zoning to accommodate this state-of-the-art facility”.
• The  County and possibly other local bodies will conduct public hearings,      (state/local level), traffic/air quality studies, etc. Residents will have  opportunity for input.
• At this stage, local officials and residents raise concerns (traffic, environmental, property values) as has been reported.

2. Claims of preemption by BNSF

• Because the facility is a rail‐carrier‐served  intermodal hub (i.e., tracks, switching, yards, transloading), BNSF may assert that certain local/regulatory requirements are preempted under ICCTA and federal law.
• They would assert that requiring their rail facility to undergo the full local land‐use or permitting review, or be blocked by zoning changes, is interfering with interstate rail transportation by a rail carrier.
• At  this point, BNSF may file with the STB for a declaratory order or ask for the STB’s view on whether local regulations are preempted. Alternatively, they may commence site acquisition/development and rely on the preemption  defense if local regulation challenges occur.

3. Local process and legal review

• The County may attempt to apply zoning, environmental review,  traffic/air-quality mitigation, and other conditions. Local opposition  groups will likely challenge the project in hearings, comment sessions, and possibly file lawsuits.
• If local government regulations or decisions impose burdens that BNSF believes unduly interfere with its rail operations (e.g., outright denial of zoning, requirements that prevent efficient switching/trucking/rail  operations), BNSF may mount a legal challenge citing federal preemption.
• Legal issues include: is the facility reasonably integral to interstate rail      transportation (so that the preemption applies)? Are the local regulations      “regulating rail transportation” rather than legitimate health/safety  regulation? Courts use “as-applied” and “categorical” preemption tests.

4. Environmental review (local, state, and Federal)

• Even  if preemption is argued, environmental review cannot be ignored: federal      law (e.g., NEPA) may apply depending on funding, permits, federal  involvement; state law may apply for state environmental statutes unless preempted.
• Local  review may attempt to require EIS or EAW (Environmental Assessment/Impact Statement) for county approvals. BNSF may challenge such requirements if  they are “pre‐clearance” style and interfere with rail facility construction. For example, courts have held zoning/permitting that required pre-clearance was preempted.

 
5. Construction phase

• Once  the hub is approved (through zoning/permitting or via preemption outcome), BNSF moves forward with design, construction, rail track  installation/switching, yard operations, trucking interface.
• Local jurisdictions may still regulate health/safety (noise, lighting, fire  codes, stormwater) so long as they don’t impose burdens that interfere with rail operations.
• Residents and local governments will monitor traffic, truck volumes, air quality,      and land‐use impacts.

 
6. If local government imposes conditions or blocks project - legal challenge

• If the County imposes heavy mitigation requirements, limits on design/timing      that BNSF argues interfere with efficient rail operations, the railway may      seek a declaratory order from the STB to determine whether the condition      is preempted.
• Example:  courts have found local ordinances imposing time restrictions or zoning bans on rail‐related operations preempted because they interfered with rail service.
• The litigation path can delay or reshape project approvals, and may involve      appeals in federal courts.

Additional key agencies involved

• Primary regulator under the ICCTA (49 U.S.C. § 10501(b)).
• Has  exclusive jurisdiction over:
• Construction, operation, and abandonment of rail lines.
• Rates  and service disputes.
• Determining whether local or state laws are preempted.
• The  STB can issue “Declaratory Orders” confirming whether a project is      federally preempted from local zoning or permitting requirements.
• Federal Railroad Administration (FRA) - is a safety agency
• Pipeline and Hazardous Material Safety Administration (PHMSA) - safe transportation of hazardous materials.
• Transportation Security Administration (TSA) - regulations pertaining to transporting  hazardous materials.
• Occupational Safety and Health Administration (OSHA) - employee safety.
• In  BNSF’s case, if Maricopa County attempts to block the project through  zoning or environmental requirements, BNSF could petition the STB for such an order.

Conclusion

In short, BNSF’s proposed hub in Wittmann will trigger a complex interplay of local land‐use/regulation and federal rail‐carrier rights. While the project must go through the standard zoning/permit process in Maricopa County, BNSF may rely on federal preemption (via the ICCTA/STB) to limit how much local governments can block or regulate the railroad facility. In either case, the public's voices will be heard. Every agency mention above has a format to review what the citizens near the project desire for their community. Whether the County approves, denies, or imposes conditions—and whether BNSF challenges those via preemption—will determine how and when the hub is built, and what implications will flow to nearby suburban neighborhoods. This is not an automatic Ys or no, it is a process.

Preemption does not mean BNSF can move forward with the project ignoring the will of the people. Each of the above mentioned agencies reviews citizen concerns and adds their own layer of regulations to the project.

On October 7th, the City of Surprise unanimously took a strong and decisive stand by passing a resolution officially opposing BNSF’s proposal to build the largest intermodal hub in the United States in Wittmann.

This move reflects the overwhelming concerns of West Valley residents who know this project would forever change the character of our community. If approved by the Maricopa County Board of Supervisors, the intermodal hub would bring:

• Increased traffic with an estimated 22,000 additional trucks on our roadways every day.
• Poorer air quality from truck and train emissions.
• Excessive noise pollution disrupting the quiet, rural lifestyle residents treasure.
• Industrial sprawl into a community that has long valued its western heritage and open spaces.

The City of Surprise deserves a heartfelt thank you for standing up to BNSF and making the voices of residents heard. This resolution is proof that local leaders recognize the long-term consequences of placing heavy industry in the heart of rural Arizona.

But the fight is not over. The final decision now rests with the Maricopa County Board of Supervisors, who are scheduled to vote on November 5th, 2025.