SPRINGFIELD - In a unanimous 7-0 opinion handed down on Sept. 21, the Illinois Supreme Court affirmed the Third District Court of Appeals’ determination that Rock Island Clean Line (RICL) is not a public utility.

In August 2016, the Illinois Third District Court of Appeals also unanimously reversed the Order of the Illinois Commerce Commission that granted a certificate of public convenience and necessity to RICL and remanded the cause to the Illinois Commerce Commission (ICC) with directions to enter an order consistent with its decision.

Following the Supreme Court’s decision, William Shay, lead attorney for appellant Illinois Landowners Alliance (ILA), said, “In a carefully-reasoned and well-written opinion, the Illinois Supreme Court agreed with the Illinois Landowners Alliance, the Farm Bureau, and ComEd that Rock Island does not meet the definition of ‘public utility’ under our state’s Public Utilities Act, and therefore does not qualify for a certificate to construct the project as a public utility project and conduct business as a public utility in Illinois. The Court noted that nothing stops Rock Island from seeking to develop its project as a private facility, but it will not have public utility status, including the right to condemn landowner easements through eminent domain.”

Mary Mauch, ILA executive director, said from the very beginning of Block RICL and the ILA in 2012, they firmly believed that RICL does not qualify as a public utility and is not entitled to use the power of eminent domain. “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,” Mauch commented. “We are thankful for the support and collaboration with the Illinois Farm Bureau and ComEd, and we are especially grateful for each and every person who sacrificed their time and hard-earned money to protect our landowner rights.”

“Our legal victory today is for all land owners in this state,” said Curt Jacobs, an ILA board member. “The courts have affirmed the precise wording of the law and has relieved a great amount of stress from all the landowners in the scope of this project. We would like to thank everyone who has been a part of this lengthy battle and highly anticipated decision.”

Illinois is the second state to effectively shut down the RICL project. Iowa legislation in early 2017 prohibits “merchant lines” such as RICL from having condemnation power to take private property by eminent domain.

Carolyn Sheridan, president of Preservation of Rural Iowa (PRIA), said landowners in Iowa rejoice with their neighbors in Illinois. “Our grassroots organizations have worked together for over four years to protect private property rights,” Sheridan said. “This is clearly an example of large groups of people coming together for a common goal. We are proud of our accomplishments and will continue to promote and protect these rights.”

Susan Sack of Mendota, a grassroots leader of the opposition, expressed relief with the decision. “This is a clear victory for private property rights in these troubling times of land grabs for private gain,” Sack emphasized. “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!”

Hans Detweiler, vice president of Clean Line Energy Partners, responded to the Illinois Supreme Court ruling in a written statement:

“The Illinois Supreme Court faulted our Rock Island Clean Line application for having an option agreement to purchase the converter station parcel instead of having a fully exercised purchase agreement at the time of our application to the Illinois Commerce Commission (ICC). On that basis, the application has been rejected. This causes great delay for the project and will directly impact competition in electricity markets, resulting in fewer choices and higher prices for electricity. It is unfortunate that Illinois now has higher barriers for new market entrants.

Although we are disappointed with the Supreme Court ruling on the Rock Island Clean Line, on the positive side, the decision did not impact the authority of the ICC, and the Court made clear that we have an opportunity to refile with the ICC at a later date.”

The complete Illinois Supreme Court opinion can be viewed online at http://www.illinoiscourts.gov/Opinions/SupremeCourt/2017/121302.pdf.

About Block RICL

Block RICL started in July 2012 with small, outdoor signs placed across LaSalle County and quickly spread across the proposed RICL route. The original intent to spread awareness about the proposed project quickly grew into a large-scale grassroots organization. The Illinois Landowners Alliance was formed in October 2012 to specifically unite more than 300 landowners, representing more than 100,000 acres, in the legal battles starting with the Illinois Commerce Commission (ICC) and later through the Illinois Appellate and Supreme courts. This model of statewide, unified legal opposition to Clean Line Energy and other private spec projects seeking eminent domain has since spread across many other states.