So begins another round of permit wack-a-mole for Grain Belt Express...
Last week, the Concerned Citizens and Property Owners, along with four other parties to the Illinois Grain Belt Express permitting case, filed appeals of the approval of the Illinois Commerce Commission. You may read one of the essentially identical appeals here.
At this stage, it's a simple notice of appeal. The case for granting it will be made in a series of briefs that will be filed as this case progresses. For now, the notice sets out what the appellants are seeking. The appellants...
Last week, the Concerned Citizens and Property Owners, along with four other parties to the Illinois Grain Belt Express permitting case, filed appeals of the approval of the Illinois Commerce Commission. You may read one of the essentially identical appeals here.
At this stage, it's a simple notice of appeal. The case for granting it will be made in a series of briefs that will be filed as this case progresses. For now, the notice sets out what the appellants are seeking. The appellants...
...request that the Appellate Court for the Fifth Judicial District REVERSE the above referenced orders of the Commission in their entirety, and declare Section 8-406(b-5) of the Public Utilities Act unconstitutional as Special Legislation, as violative of the Equal Protection Clause, and as violative of the Separation of Powers Clause.
The appeal asks the Court to nullify the ICC's permit for Grain Belt Express and nullify the special Grain Belt Express legislation that was passed at the legislature last year and signed by the Governor. If granted, it would put GBE back to square one in Illinois.
It stands a very good chance of succeeding.
While the arguments in briefs have yet to be filed, I expect the arguments to be very similar to the ones these parties made before the ICC. Those arguments were rejected by the ICC, which is just as well because it is an issue for the courts. The ICC cannot declare legislation unconstitutional and refuse to follow it, that's a court's job.
For now, we must wait to see the briefs. Stay tuned...
It stands a very good chance of succeeding.
While the arguments in briefs have yet to be filed, I expect the arguments to be very similar to the ones these parties made before the ICC. Those arguments were rejected by the ICC, which is just as well because it is an issue for the courts. The ICC cannot declare legislation unconstitutional and refuse to follow it, that's a court's job.
For now, we must wait to see the briefs. Stay tuned...
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