“In a unanimous 7-0 Opinion handed down on September 21, the Illinois Supreme Court affirmed the Third District Court of Appeals determination that Rock Island Clean Line (RICL) is not a public utility. On August 10, 2016, the Illinois Third District Court of Appeals, also unanimously, had reversed the Order of the Illinois Commerce Commission that granted a certificate of public convenience and necessity to Rock Island Clean Line, and remanded the cause to the Illinois Commerce Commission (ICC) with directions to enter an order consistent with its 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.””
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Caldwell County News 26 September 2017.