WTAD, a news radio station out of Quincy, Illinois, reported early this week that the Missouri Supreme Court had agreed to hear the appeal of Grain Belt Express, skipping the Appeals Court, and set arguments for next February.
Well, that was news. Because nobody else had heard about it, and nobody seemed to have the ruling from the Supreme Court.
Except it never happened. WTAD mistook an Appeals Court scheduling of the case to have been made by the Supreme Court. Whoopsie!
Just to add stupider to stupid, Midwest Energy News then did a non-news follow-up to report that nothing had happened. Except MWEN needed to demonstrate that it has no idea what's going on or what the case is about.
Bravo, fake news, bravo!
WTAD published a correction to its fake news story:
Well, that was news. Because nobody else had heard about it, and nobody seemed to have the ruling from the Supreme Court.
Except it never happened. WTAD mistook an Appeals Court scheduling of the case to have been made by the Supreme Court. Whoopsie!
Just to add stupider to stupid, Midwest Energy News then did a non-news follow-up to report that nothing had happened. Except MWEN needed to demonstrate that it has no idea what's going on or what the case is about.
Bravo, fake news, bravo!
WTAD published a correction to its fake news story:
WTAD wishes to issue a correction to this story. We had earlier reported that the case was being heard by the Missouri Supreme Court. That's not correct. It's being heard by the Eastern Missouri District Appeals Court. Clean Line has asked the Missouri Supreme Court to hear the case, but they have not yet ruled in the case. We regret the error.
I'm sure they do. But MWEN doesn't seem to regret its muddling of the issue at all, reporting:
The state regulators said they couldn’t approve of the Grain Belt Express because they felt bound by a ruling made by the western district of the state court of appeals. That court ruled that a different transmission project could not proceed because it had failed to get approval from the counties along the route. The state’s regulators said they had to comply with that ruling.
That's just not true! The issue is one of timing. The MO PSC could not approve the project because the Appeals Court had ruled that a transmission project must receive the assent of County Commissions before it could legally issue a permit. A transmission project must receive the assent of the County Commissions either way. Even if the Appeals Court or the Supreme Court finds in favor of GBE this go around, GBE will still have to receive the assent of County Commissions before it may proceed to build its project. That law is not being appealed. It cannot be appealed through the courts. Only the legislature can change Missouri law. The courts may only interpret law, not make law. You'd think even a biased news source like MWEN would understand something so basic about the three branches of government and their limitations. Didn't we all learn this in elementary school?
Of course, MWEN's reporter seems to have been mislead by GBE's Mark Lawlor and his evasive canned talking points.
Of course, MWEN's reporter seems to have been mislead by GBE's Mark Lawlor and his evasive canned talking points.
Lawlor has characterized the earlier rejection as a gross misinterpretation of state law, effectively giving county commissions the power to make final decisions on large infrastructure projects. And that, he claims, “would have a chilling effect on investment on infrastructure in Missouri. When other utilities and investors look at where they want to spend money, they will look at Missouri and see a Do Not Enter sign.
“The case is really simple: it’s who has ultimate jurisdiction over utilities? Is it the counties or the public service commission? For over 100 years, it’s been pretty clear: it’s the purview of the public service commission. But for the last few months, it’s been turned on its head.”
It's the counties, Mark. It always has been. For over 100 years. MO Rev Stat § 229.100 says...
No person or persons, association, companies or corporations shall erect poles for the suspension of electric light, or power wires, or lay and maintain pipes, conductors, mains and conduits for any purpose whatever, through, on, under or across the public roads or highways of any county of this state, without first having obtained the assent of the county commission of such county therefor...
What is at issue before the Appeals Court is whether a transmission company must receive these assents before the PSC can issue a permit, or must they simply receive the assents before they begin construction? In either case, GBE must receive county assents before it can build its project. So, go get your county assents, GBE. Go ahead! Why won't you even ask the counties for assent? Why are you wasting all this time and money on legal appeals when all you need to do is get county assents? Other transmission projects have managed to get needed county assents, for more than 100 years. What's wrong with you, GBE?
I guess they must have money to burn. You know, "OPM"?
And in other news this week... nothing happened in Missouri. GBE is still not permitted. The Missouri Supreme Court has still not accepted GBE's "urgent" request to transfer its appeal directly to the Supreme Court. The Appeals Court has routinely scheduled arguments. And let's add one more fact that MWEN missed... the Missouri Supreme Court already considered this issue once, when Ameren appealed the Western District Court of Appeals opinion to the Supreme Court earlier this year. The Supreme Court declined to even hear the case, much less overturn the Appeals Court ruling.
Maybe Mark needs a new hobby to while away the hours between now and next February? What do you think Mark should do to make constructive use of his time?
I guess they must have money to burn. You know, "OPM"?
And in other news this week... nothing happened in Missouri. GBE is still not permitted. The Missouri Supreme Court has still not accepted GBE's "urgent" request to transfer its appeal directly to the Supreme Court. The Appeals Court has routinely scheduled arguments. And let's add one more fact that MWEN missed... the Missouri Supreme Court already considered this issue once, when Ameren appealed the Western District Court of Appeals opinion to the Supreme Court earlier this year. The Supreme Court declined to even hear the case, much less overturn the Appeals Court ruling.
Maybe Mark needs a new hobby to while away the hours between now and next February? What do you think Mark should do to make constructive use of his time?
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