FOR IMMEDIATE RELEASE
August 15, 2016
Contact: Mary Mauch, and 815-315-8506
Susan Sack, and 815-910-9064
Rock Island Clean Line (RICL) Derailed
Appellate Court determines Rock Island Clean Line is not a public utility and orders Illinois Commerce Commission (ICC) to reverse its Order granting Certificate of Public Convenience and Necessity (CPCN)
In a unanimous 3-0 Opinion handed down August 10, the Illinois Third District Court of Appeals reversed the Order of the Illinois Commerce Commission that granted a certificate of public convenience and necessity to the Rock Island Clean Line, and remanded the cause to the Commission with directions to enter an order consistent with its decision.
William Shay, lead attorney for appellant Illinois Landowners Alliance (ILA), said, “The basis of the Appellate Court opinion is that Rock Island, which has no utility assets, customers, or operations, does not possess the attributes of a public utility under the Illinois Public Utilities Acts, and therefore is ineligible to receive regulatory approval for the line.” (http://www.shay-law.com/blog/illinois-appellate-court-stops-proposed-rock-island-clean-line-8132016)
This is a major setback for the project, which was granted a CPCN by the ICC in 2014. In its decision, the Court found that Rock Island failed to meet two requirements for being a public utility because it does not own, control, operate, or manage assets within the State; and that the proposed transmission line is not for public use without discrimination. Because Rock Island is not a public utility, the Court said, the ICC lacked authority to issue a CPCN in the first place.
Mary Mauch, Illinois Landowners Alliance Executive Director said, “We have worked a very long time to protect our private property rights from a speculative business venture looking to cash in on our heritage for their own financial gain. This legal decision to void RICL’s permit makes all that hard work worthwhile. As well, RICL’s foray into eminent domain for private gain has served to raise the public consciousness against these kinds of projects and unite communities to create strong opposition to them.”
The first Block RICL signs went up in LaSalle County in July, 2012 and quickly spread across the proposed RICL route to spread awareness about the proposed project. The Illinois Landowners Alliance united more than 300 landowners, representing more than 100,000 acres, along the proposed RICL route. This model of statewide, unified legal opposition to Clean Line Energy projects has since spread across several Midwestern states.
Susan Sack, co-founder of Block RICL, said, “The Appellate Ruling is a victory for individual land owner private property rights in these troubling times of land grabs for private gain. While it may appear at first glance that the system is stacked in favor of billionaire-backed private spec projects, it is inspiring to see that the little guys can unite to score big victories! The greater problem of private spec companies thinking they are entitled to our private land through eminent domain is a growing problem that needs to be stopped. Together we are stronger!”
“Our legal victory has been a long time coming,” said Curt Jacobs, a member of the ILA. “We are extremely grateful to the Illinois Farm Bureau and ComED who were valuable allies in the Illinois Commerce Commission and Appellate Court proceedings.”
Rock Island Clean Line is a 500-mile high-voltage direct current electric transmission line that was proposed to run from northwestern Iowa to northeast Illinois. It is owned by Clean Line Energy Partners of Houston, Texas, who is also developing at least two other transmission projects to capitalize on moving energy from the Midwest into expensive eastern electric markets. Clean Line is currently supported by financial contributions from private investors while it struggles to get any of its projects constructed to generate revenue.
The Court’s Opinion can be viewed here.