Yesterday, the Missouri Supreme Court denied a petition to hear Neighbors United Against Ameren’s Power Line vs. Public Service Commission of Missouri and Ameren Transmission Company of Illinois. The opinion of the Western District Court of Appeals is now final.
Grain Belt's last great hope in Missouri is dashed.
The company has been trying to convince the MO PSC that the Ameren decision wasn't final or binding while trying to extract a favorable decision to issue a permit without county assent. Now, that just can't happen.
The controversy: Missouri law requires a transmission company proposing a new line to acquire the assent of each county commission to cross county roads, and to submit those assents to the PSC before a permit may be issued. That's the law. In the case of Ameren's Mark Twain Transmission Project, the company had failed to acquire and submit the required county assents. But the PSC issued a conditional permit that allowed the company to submit the assents later, before it began construction. Transmission opposition group Neighbors United challenged the timing of the assents under Missouri law, contending that the assents must be obtained before the PSC can issue a permit. The Western District Missouri Court of Appeals agreed with Neighbors United, and vacated the permit issued by the PSC. The PSC and Ameren petitioned the Missouri Supreme Court to hear the case, and yesterday the Supreme Court declined to hear the case. The opinion of the Western District Court is final.
Grain Belt Express finds itself in the same boat as Ameren. It does not have all county assents needed for a permit. Grain Belt Express first suggested that the PSC issue it a conditional permit, just like Ameren's, and it would acquire the assents before construction. The PSC did not take the suggestion, and put the case on hold pending resolution of the Ameren matter in court. GBE has also taken the position that its project is somehow different than Ameren's and that it does not need county assent. It has been met with stony silence from the Commission. The same arguments were made to the Missouri Supreme Court in the Ameren petition, and the Court didn't take the bait, so obviously those arguments aren't valid.
So, the MO PSC doesn't have a lot of options on Grain Belt Express. It could issue a conditional permit based on GBE's faulty legal arguments, only to have that permit vacated in another expensive and time consuming court battle, or it could give Grain Belt Express a period of time to produce the county assents, and if they can't, dismiss the application. Or it could yank off the bandaid and deny or dismiss the application right now. None of these options are any good for Grain Belt Express.
It is highly unlikely that GBE can obtain needed county assents, even if given eternity to perform the task. The battle lines have been drawn and the majority of the county commissions have taken an entrenched position firmly behind their constituents. Unless the constituents change their minds, the commissions aren't budging.
It's hopeless.
Maybe GBE wishes it had treated affected landowners with more respect. Maybe GBE wishes it had given a little more deference to the county commissions. But it was blinded by its own sheer arrogance that the people and local governments of Missouri didn't matter and that GBE could simply use state law and political clout to run right over Missourians.
Alea iacta est... the die has been cast.
The company has been trying to convince the MO PSC that the Ameren decision wasn't final or binding while trying to extract a favorable decision to issue a permit without county assent. Now, that just can't happen.
The controversy: Missouri law requires a transmission company proposing a new line to acquire the assent of each county commission to cross county roads, and to submit those assents to the PSC before a permit may be issued. That's the law. In the case of Ameren's Mark Twain Transmission Project, the company had failed to acquire and submit the required county assents. But the PSC issued a conditional permit that allowed the company to submit the assents later, before it began construction. Transmission opposition group Neighbors United challenged the timing of the assents under Missouri law, contending that the assents must be obtained before the PSC can issue a permit. The Western District Missouri Court of Appeals agreed with Neighbors United, and vacated the permit issued by the PSC. The PSC and Ameren petitioned the Missouri Supreme Court to hear the case, and yesterday the Supreme Court declined to hear the case. The opinion of the Western District Court is final.
Grain Belt Express finds itself in the same boat as Ameren. It does not have all county assents needed for a permit. Grain Belt Express first suggested that the PSC issue it a conditional permit, just like Ameren's, and it would acquire the assents before construction. The PSC did not take the suggestion, and put the case on hold pending resolution of the Ameren matter in court. GBE has also taken the position that its project is somehow different than Ameren's and that it does not need county assent. It has been met with stony silence from the Commission. The same arguments were made to the Missouri Supreme Court in the Ameren petition, and the Court didn't take the bait, so obviously those arguments aren't valid.
So, the MO PSC doesn't have a lot of options on Grain Belt Express. It could issue a conditional permit based on GBE's faulty legal arguments, only to have that permit vacated in another expensive and time consuming court battle, or it could give Grain Belt Express a period of time to produce the county assents, and if they can't, dismiss the application. Or it could yank off the bandaid and deny or dismiss the application right now. None of these options are any good for Grain Belt Express.
It is highly unlikely that GBE can obtain needed county assents, even if given eternity to perform the task. The battle lines have been drawn and the majority of the county commissions have taken an entrenched position firmly behind their constituents. Unless the constituents change their minds, the commissions aren't budging.
It's hopeless.
Maybe GBE wishes it had treated affected landowners with more respect. Maybe GBE wishes it had given a little more deference to the county commissions. But it was blinded by its own sheer arrogance that the people and local governments of Missouri didn't matter and that GBE could simply use state law and political clout to run right over Missourians.
Alea iacta est... the die has been cast.
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