Illiana

NW Indiana Times: Illiana Continues on Slow Road Through Courts

nwi times

Illiana Continues on Slow Road Through Courts
November 4, 2016
By Andrew Steele

The Illiana Expressway’s lingering presence continued this week with a court ruling affirming that federal approval of the project was based on a flawed and invalid environmental study.

But the decision by Judge Charles Norgle of the U.S. District Court of Northern Illinois leaves open the opportunity for the Indiana and Illinois departments of transportation to revise their environmental studies and continue pursuing the project.

The lawsuit was brought by the environmental groups Openlands, Midewin Heritage Association and Sierra Club. They asked the court to declare the Federal Highway Administration’s approval of the Illiana project’s Tier 2 environmental impact statement to be in violation of federal law. Approval of the Tier 2 EIS is the final step allowing a project to move forward.

But Norgle dismissed the case as moot, because the Tier 2 study was based on a Tier 1 study a federal court found to be flawed last year.

In that separate Tier 1 case, Judge Jorge Alonso ruled that the environmental assessment did not adequately consider the implications of not building the Illiana. Such a “no build” alternative is required by the National Environmental Protection Act.

And because the Tier 2 study “relied upon the invalid Tier 1 approvals,” Norgle wrote in his ruling this week, the plaintiffs’ success in the Tier 1 case “moots this (Tier 2 ) case.”

“To hear the Tier 2 case predicated on the uncompleted Tier 1,” Norgle wrote, “is akin to a farmer concerning himself with the quantity of chicken feed to purchase before the eggs have hatched.”

The Illiana Expressway would operate as a toll road stretching about 50 miles from Interstate 65 near Lowell to Interstate 55 in Illinois.

Illinois Gov. Bruce Rauner halted the project in 2014 amidst that state’s budget crisis. The Illinois Department of Transportation still considers the Illiana project “suspended,” a spokeswoman said earlier this month.

The Indiana Department of Transportation has taken on the responsibility of revising the Tier 1 EIS. An INDOT spokesman said Thursday that the agency expects to complete work by the end of the year, “allowing the project to remain on hold in ready status.”

But the Environmental Law & Policy Center, which represents the three plaintiffs, claim the ruling should end the Illiana project “once and for all.”

In a press release, the ELPC noted that Norgle’s ruling states that the Tier 2 EIS is “no longer effective.”

“Federal judges have now twice found the federal and state transportation agencies’ environmental reviews of the proposed Illiana Tollway to be invalid and illegal,” said Howard Learner, the lead attorney and executive director of the ELPC.

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Victory in Federal Court! Illiana Tollway Tier 2 EIS “Invalid”

ELPC litigation success! U.S. District Court Judge Charles Norgle issued an Order yesterday holding that the federal and state transportation agencies’ approvals of the Tier 2 environmental impact statement and record of decision for the boondoggle Illiana Tollway are “invalid” and “no longer effective.” ELPC Staff Attorney Rachel Granneman and I are representing Openlands, Midewin Heritage Association and Sierra Club in this case.

Federal judges have now twice held in favor of ELPC and our clients that the federal and state transportation agencies’ environmental reviews of the proposed Illiana Tollway were invalid and illegal. The Illinois Department of Transportation (IDOT) and Indiana Department of Transportation (INDOT) impermissibly skewed their environmental reviews from the outset to somehow justify the proposed new Illiana Tollway. Their Tier 1 EIS, which was held to be illegal by the federal court on June 16, 2015, relied on improper methodologies to support the proposed Illiana Tollway and reject better alternatives. Their Tier 2 EIS relied on the flawed underlying Tier 1 EIS in then choosing among proposed corridors to build this tollway.

The new federal court decision yesterday ruled “invalid” and “no longer effective” the Tier 2 EIS approvals by IDOT, INDOT and the Federal Highway Administration. Accordingly, the court then stated that the case is now “moot” and dismissed the lawsuit. We are pleased that the federal courts have now held that both the Tier 1 and Tier 2 environmental impact statements are illegal and cannot be relied upon for the proposed new Illiana Tollway.

The U.S. District Court’s decision means that IDOT and INDOT must start over their environmental reviews from the beginning based on much more realistic data and do it right without impermissible shortcuts. However, if done right, that would very likely show that the proposed costly Illiana Tollway is not economically justified and is not environmentally sensible.

We’ve said it before, and we’ll say it again: The proposed new Illiana Tollway proposal is fiscally irresponsible, contradicts sound regional planning, and would harm the Midewin National Tallgrass Prairie. It’s time for IDOT and INDOT to stop wasting taxpayers’ money and time, and instead bring the boondoggle Illiana Tollway to its well-deserved end.

Thank you for your continued engagement and support. We’re winning.

#DitchTheIlliana: Please Donate to Support ELPC’s Public Interest Litigation to Stop the Illiana Tollway and Protect the Midewin National Tallgrass Prairie

The boondoggle Illiana Tollway is on the ropes. ELPC’s public interest attorneys are in Federal Court and State Court fighting back against the Illinois Department of Transportation and Indiana Department of Transportation in order to bring the Illiana Tollway to a well-deserved end. This litigation is expensive, but necessary and effective. Please make a donation to support ELPC’s effective public interest litigation to win these federal court and state court lawsuits that can stop the proposed Illiana Tollway and protect the Midewin National Tallgrass Prairie.

FEDERAL LAWSUIT

Midewin_Illiana_250x330ELPC’s public interest attorneys are representing the Midewin Heritage Association, Openlands and Sierra Club Illinois challenging the approval of the flawed “Tier 2” Environmental Impact Statement by the Federal Highway Administration and the Illinois and Indiana departments of transportation.

The Tier 2 EIS is based on the very circular logic that the Illiana is needed to accommodate growth that would be generated by building the Illiana. If this sounds familiar, that’s because ELPC attorneys won a major legal victory invalidating the “Tier 1” EIS on the same grounds last year. The environmental studies are “tiered” because, generally, the first one selects a project site and the second one determines more specifics about that site. ELPC is arguing that the Tier 2 EIS is illegal both because it’s based on the already-invalidated Tier 1 analysis and the illogical assumptions about population growth and traffic patterns. ELPC’s legal briefs in this case are due in June.  ELPC’s public interest environmental attorneys are working hard to win. Please donate to support this important ELPC litigation to stop the Illiana Tollway boondoggle, support sound regional planning and protect the Midewin National Tallgras Prairie.

STATE LAWSUIT

Homepage_MidewinIllianaBisonELPC’s public interest attorneys are representing Openlands and Sierra Club challenging the Illiana Tollway being illegally included in the “GO TO 2040” regional plan.

For a project to be included in the regional plan, state law requires approval from the CMAP Board (which voted no), and federal law requires sign-off from the MPO Policy Committee (which voted yes).  Including the Illiana Tollways in the GO TO 2040 Plan, even though the CMAP Board voted against it, violates the Illinois Regional Planning Act. ELPC has filed a motion for summary judgment in this case. A final round of briefs is due in June, and we will be urging the court to uphold and enforce Illinois’ regional planning law. Please donate to support this important ELPC litigation to stop the Illiana Tollway boondoggle, support sound regional planning and protect the Midewin National Tallgrass Prairie.

The proposed new Illiana Tollway proposal is fiscally irresponsible, contradicts sound regional planning, and would harm the Midewin National Tallgrass Prairie. We have won in the court of public opinion with your active support, and now we need to keep winning in the courts of law. Please make a donation to support ELPC public interest environmental litigation to #DitchTheIlliana.

 

Chicago Transportation Journal: ELPC’s Learner Warns of “Devil in the Details” in Rauner’s Proposed I-55 Tolls

Gov. Bruce Rauner’s efforts to end the political bottleneck in Springfield have stalled so far, but he might have better luck with a new proposal to ease the chronic traffic jams on the Stevenson Expressway (Interstate 55).

Flanked by state legislators from both parties, Rauner on Thursday announced support for a plan to widen 25 miles of I-55 with so-called “managed lanes.”  Under the concept known as congestion pricing, these lanes would be tolled, depending on the amount of traffic, and could be used by carpoolers.

Rauner called for exploring a so-called Public Private Partnership, or P3, between the Illinois Department of Transportation and private investors to develop the project.  The investors would provide the funding, estimated at $425 million. In return, the investors would recoup toll revenue for construction, operations and maintenance.

“By using existing resources to leverage private investment, we can build the type of infrastructure that allows Illinois to better compete in the 21st century,” Rauner said. “This is an innovative project that will create jobs, improve the region’s quality of life and show that Illinois is open for business.”

Plans for adding tolled lanes to I-55 are not new. Transportation planners have advocated the managed-lane concept for years. In December, Rauner’s transportation secretary, Randy Blankenhorn outlined the project at a public hearing in Countryside.

Still, Rauner’s announcement drew immediate praise from officials and experts, who called the idea long overdue.

“Although new to our region, congestion pricing has been used successfully in the U.S. since 1995, with more than two dozen instances where it is being deployed to give drivers better choices for getting around,” said Joe Szabo, executive director of the Chicago Metropolitan Agency for Planning, which Blankenhorn previously headed.

It’s also possible that instead of private investors, the Illinois State Toll Highway Authority could end up being IDOT’s partner to finance, build and operate the managed lanes, experts say. Although the Tollway is a state agency and under Rauner’s control, it is separate from IDOT and uses only toll revenue for its projects. Either way, tolling on I-55 would be need to be compatible with the Illinois Tollway’s I-Pass.

The Tollway is in the midst of its own 15-year, $12.1 billion expansion and improvement project called Move Illinois. The Tollway’s current projects include rebuilding and widening the Jane Addams Tollway (I-90) and construction of the new Elgin-O’Hare tollway.

In a statement, the Tollway on Thursday said it is “committed to working with IDOT wherever necessary” for a “seamless transition from roadway to roadway.”

P3s have become more common in states as federal highway funds have dried up. Former Gov. Pat Quinn had pushed hard for a P3 to finance his would-be pet project, the Illiana Toll Road, linking I-55 near Wilmington with I-65 in Indiana. The federal government has since withdrawn its approval for the Illiana.

Rauner’s plan prompted a cautious response, however, from Howard Learner, executive director of the Chicago-based Environmental Law and Policy Center, which filed a lawsuit to help block the Illiana.

“When it comes to these types of P3 deals, the devil is in the details,” Learner said. “We need to make sure that the public is truly receiving its fair share of the benefits, and that the private investors are assuming their fair share of financial risks as well as potential rewards.”

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Crain’s: Howard Learner Warns “Devil in the Details” of Rauner’s New I-55 Toll Lane Plan

Gov. Bruce Rauner today floated a plan to add a pair of lanes, likely with tolls, to crowded Interstate 55 (the Stevenson Expressway) between I-355 (Veterans Memorial Tollway) and I-90/94 (the Dan Ryan Expressway).

Though the proposal needs approval by the highly polarized General Assembly, one key Democratic lawmaker threw his backing behind the plan, perhaps a sign that something actually will occur.

Specifically, Rauner announced his legislative allies have filed legislation to allow the Illinois Department of Transportation to negotiate a deal with an as-yet-unspecified private group, known as a public-private partnership, to study options for the Stevenson. Among those options are tolls that would go up or down depending on the time of day, a strategy known as congestion pricing.

Interstate-55-toll-lane-plan.jpg

The goal is to add at least one lane in each direction on a 25-mile stretch of road that now carries an average of 170,000 vehicles a day. Not yet determined is whether the lanes will be tolled or free, or express toll lanes. But it’s hard to imagine a private company would be interested in fronting the hundreds of millions of dollars likely needed without the promise of a revenue stream.

For the state, a public-private partnership could allow it to do work that Illinois can’t afford, with lawmakers reluctant to raise gasoline or other taxes for the state’s road construction fund.

“Managed lanes are truly an expressway within an expressway, one more option that will make travel more convenient,” said IDOT Secretary Randy Blankenhorn.

Blankenhorn previously headed the Chicago Metropolitan Agency for Planning, a government group which has strongly backed the idea of using the Stevenson as a public-private partnership model. CMAP’s current executive director, Joe Szabo, promptly endorsed Rauner’s idea, saying in a statement, “Although new to our region, congestion pricing has been used successfully in the U.S. since 1995, with more than two dozen instances where it is being deployed to give drivers better choices for getting around.”

Such systems are common in the Dallas/Fort Worth area in particular, with freeways and tollways running parallel to each other.

But CMAP has been a vigorous opponent of another public-private partnership project, the proposed Illiana Corridor, saying the expressway would be an economic boondoggle.

That suggests that though Rauner’s plan got some immediate backing from Illinois Senate Transportation Committee Chairman Martin Sandoval, D-Chicago, legislators ought to ask some tough questions.

A 2011 state law allows IDOT to build, finance, operate and maintain highway projects using a public-private partnership model, so long as the Legislature adopts a resolution in favor of the project. The General Assembly’s two GOP leaders, Sen. Christine Radogno and Rep. Jim Durkin, appeared with Rauner at a news conference today and are backing such a resolution.

IDOT says using a public-private partnership model could allow it to save up to $425 million in construction costs. Work could begin as soon as next year and be completed by 2019.

Update, 4 p.m. — A sign that Rauner’s proposal might face some headwinds is coming from Howard Learner, head of Environmental Law & Policy Center.

“When it comes to these types of P3 deals, the devil is in the details,” Learner says in a statement. “We need to make sure that the public is truly receiving its fair share of the benefits, and that the private investors are assuming their fair share of financial risks as well as potential rewards. The Illiana Tollway is an unfortunate example of a poorly designed P3 that imposes much too much financial risk on the public.”

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ELPC’s Learner and The Daily Herald Editorial Board Say It’s Time to End the Illiana Tollway

Seven months ago, we were extremely pleased with Gov. Bruce Rauner who had just announced that he was withdrawing any more funding for the unnecessary and expensive Illiana Expressway.

Yes, we acknowledged at the time there were administrative steps needed to completely end the proposal, which would connect I-55 in Illinois to I-65 in Indiana.

Unfortunately, not all the steps have been completed and the Illiana Expressway apparently is still alive and we must question again why that is.

Daily Herald transportation writer Marni Pyke reported Monday that the Illinois Department of Transportation filed court documents in late 2015 — months after Rauner said the plan would not move forward — saying the state agency was committed to addressing problems in the environmental report and will hire consultants to conduct more analyses.

Huh?

“No decisions have been made at this point on next steps. No funding has been identified or spent. No consultants have been hired,” said IDOT spokesman Guy Tridgell.

With the state budget stalemate ongoing, that’s not surprising. There’s not enough money for things that matter, much less for items that don’t. Our question and the question others have is why is Illiana still on IDOT’s radar in the first place?

“Why is IDOT trying to push this boondoggle.” asked Howard Learner, the executive director of the Environmental Law and Policy Center. “It’s hard to read that any other way than saying they’re looking for money,” Learner said. “It’s baffling”

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Daily Herald: ELPC’s Learner Baffled by Gov. Rauner & IDOT Mixed Message over Proposed Illiana

Thought dead by many, the Illiana Expressway still clings to life in court, despite Gov. Bruce Rauner’s booting it off IDOT’s radar last year.

And that worries foes of the 50-mile proposed toll road linking I-55 near Wilmington with I-65 in Indiana.

“When the state of Illinois doesn’t have a budget and is under severe financial distress — when core programs for kids and schools are being cut — why is IDOT trying to push this boondoggle?” asked Howard Learner, executive director of the Environmental Law and Policy Center.

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ELPC 2015: What We’ve Achieved, and What’s Next

This is a transformational year for the environment. ELPC is seizing strategic opportunities for progress on the big issues. We’re achieving strong results in these politically gridlocked times.

First, the EPA’s Clean Power Plan caps two decades of sustained advocacy by ELPC and many environmental and public health colleagues backed by sound scientific findings. The U.S. is now stepping up as a global leader advancing clean energy solutions to reduce carbon pollution.

Second, solar energy, wind power and innovative energy efficiency technologies are poised to transform the electricity market just as wireless transformed telecommunications, changing the ways that we live and work. ELPC is driving new policies to accelerate distributed Midwest solar energy installations and install one million new smart thermostats in Illinois.

Third, ELPC’s successful litigation to stop the fiscal folly Illiana Tollway, protect the Midewin National Tallgrass Prairie and promote sound regional planning is transforming transportation policy to prioritize public transit and modern regional rail instead of politically clouted boondoggles. ELPC attorneys are winning in both the court of law and the court of public opinion.

ELPC is effective. Our teams of expert public interest attorneys, M.B.A.s, policy advocates and communications specialists, combined with the ELPC Science Advisory Council, play to win and know how to get things done.  ELPC is truly making a difference for a better world.

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Your support has helped ELPC advance a cleaner renewable energy mix for the Midwest, accelerate cleaner transportation, and clean up the rivers and great lakes that we all care about. Please consider ELPC’s results and make a financial contribution to support our successful program work in 2016:

 

Ditching the Illiana Tollway Boondoggle and Protecting the Remarkable Midewin National Tallgrass Prairie

Midewin_Illiana_250x330The proposed new Illiana Tollway is a fiscal folly, undermines sound regional planning and would harm wildlife and ecological values in the Midewin National Tallgrass Prairie. On June 16th, Federal District Court Judge Jorge Alonso granted Plaintiffs’ motion for summary judgment and declared that the federal and state transportation agencies’ approval of the Tier 1 final Environmental Impact Statement and Record of Decision “for the proposed new Illiana Expressway was arbitrary and capricious and in violation of NEPA.” This is a tremendous litigation victory for ELPC’s public interest attorneys on behalf of our clients Midewin Heritage Association, Openlands and Sierra Club.

More than a dozen newspapers across Illinois have editorialized against the Illiana “road to nowhere” during the state’s fiscal crisis and when there are much higher priorities for limited transportation infrastructure funds to enable badly-needed fixes for transit and commuter rail, intercity higher-speed rail, and highway and bridge repairs.

ELPC’s legal, economic and media advocacy and our clients’ public engagement have changed the proposed new boondoggle Illiana Tollway from a “done deal” to “terminal life support.” It’s time for Governor Rauner and Illinois’ political leadership to finally ditch the Illiana once and for all. ELPC is working hard in the federal and state courts, and in the courts of public opinion, to bring the proposed Illiana Tollway to its well-deserved end.

 

Installing One Million Smart Thermostats in Illinois – A National Model

NestThermostat_250x330ELPC and Commonwealth Edison worked together creating an ambitious new program to install one million new smart thermostats in Illinois homes and small businesses over the next five years. U.S. EPA Administrator Gina McCarthy joined us for the October 8th public announcement. This leading-edge initiative provides rebates up to $120, using the consumer-funded Energy Efficiency Performance Standards program resources, for the new generation of Ecobee, Nest and Honeywell thermostats that learn customer behavior and adjust cooling and heating without complicated programming. These “smart thermostats” can save consumers 15%-25% from their heating and cooling costs and reduce pollution. Once the Illinois program is off the ground, ELPC plans to replicate it in more Midwestern states. This innovative technology is a winner.

 

Accelerating Solar Energy in Illinois, Iowa, Michigan and Minnesota

SolarShedd_250x330Solar energy installations in the Midwest grew by 70% last year, creating jobs, new businesses and economic growth. However, the coal industry and some electric utilities are seeking to impose regulatory barriers to protect their polluting power plants and their electricity monopolies. ELPC is working to advance sound policies that drive clean solar energy forward and remove regulatory barriers to development.

In Illinois, ELPC was instrumental in helping enact and then design the state’s first $30 million distributed solar generation procurement.

In Iowa, ELPC successfully repelled Interstate Power & Light’s attempt to impose new barriers to solar development after we won a major case before the Iowa Supreme Court to remove utility-imposed barriers to conventional third-party financing arrangements for solar energy development projects.

In Minnesota and Michigan, ELPC is making steady progress with our state-based partners to design new distributed solar programs and strategies. We’re moving forward at this transformational time to accelerate solar energy development for a cleaner energy future. ELPC is pro-technological innovation, pro-competition and pro-removing regulatory barriers to solar.

 

Keeping the Great Lakes and Midwest Rivers Clean

LakeMichiganMichigan-sidebarThere are two main types of water pollution – from a single, identifiable “point” source and the “non-point” flows from farms, ranches and streets. ELPC is working on both.

This is the first year that the SS Badger car ferry did not dump about 1,000,000 pounds of toxic coal ash into Lake Michigan. The ship now has a new coal ash containment system thanks to an effective advocacy campaign led by ELPC with U.S. Senator Dick Durbin and our good colleagues. ELPC’s work to stop the SS Badger from polluting the drinking water supplies for 42 million people is a strong precedent that reinforces that it’s no longer acceptable to dump toxic pollution in our Great Lakes.

ELPC also brought together more than 60 scientists and policymakers for our second annual Great Lakes Science-Policy Confluence Conference to discuss solutions to mitigate “nutrient pollution” – agricultural runoff that helped cause toxic blue-green algae blooms in Western Lake Erie. In summer 2014, 500,000 people in the Toledo area were without safe drinking water supplies for 72 hours. That’s not acceptable. ELPC is stepping up our advocacy for the necessary actions to reduce nitrogen and phosphorus runoff from agricultural operations that caused the toxic algae and contaminated water supplies.

ELPC continues our Mississippi River protection legal leadership, and we convened a new collaboration of Illinois, Indiana, Kentucky, Ohio, Pennsylvania and West Virginia groups for coordinated multi-state action to help clean up the Ohio River, considered by some to be America’s most polluted waterway.

 

ELPC Is Accelerating the Next Generation of Sustainable Transportation

AmtrakELPC is a recognized leader in advancing the Midwest high-speed rail network, which will improve mobility, reduce pollution, create jobs and pull together the regional economy. We are working to accelerate new clean cars and trucks, which use modern technologies to increase fuel efficiency and reduce pollution.

This year, I was honored to be asked by Amtrak’s CEO to serve on a four-member Blue Ribbon Panel analyzing and recommending strategies and better practices to increase fluidity and reduce congestion for higher-speed passenger rail and freight rail in the “Chicago Gateway” leading to St. Louis, Detroit and the East Coast.

 

 

Making the Clean Power Plan Standards Work Well

coal_250x330This is the federal cornerstone for America’s commitment to climate change solutions. ELPC is working with many business, environmental, health and faith-based allies to overcome the coal industry’s and certain politicians’ litigation efforts to stall progress, and to effectively implement state climate solution action plans in the Midwest states. Overall, ELPC is advancing new policies to drive energy markets with technological innovations that can change the world.

 

 

 

 

ELPC believes in the core principle that environmental progress and economic growth can be achieved together, and we put that sustainability principle into practice every day. ELPC’s solutions-focused strategies engage diverse partners and seize opportunities to accelerate clean energy development and clean transportation technologies, protect clean air and clean water, and preserve the Midwest’s wild and natural places.

ELPC’s multidisciplinary staff teams of public interest attorneys, M.B.A.s, policy experts and communications specialists are fully engaged across the Midwest, and we’re making progress. It isn’t easy; real change never is. We don’t give up. Let’s keep working together to win.

Thank you for engaging and making a contribution to support ELPC’s work to harness this change and achieve a brighter future.

 

Press Release: ELPC Blows the Whistle on Departments of Transportation Trying to Stall Illiana Litigation

FOR IMMEDIATE RELEASE  

ELPC Blows the Whistle on Departments of Transportation Trying to Stall Illiana Litigation

ELPC continues to battle against the boondoggle Illiana Tollway, which would cost taxpayers an estimated $1.3 billion, undermine sound regional planning and harm the Midewin National Tallgrass Prairie. In October, ELPC submitted a statement to an Illinois federal court insisting that the U.S. Department of Transportation, Illinois Department of Transportation, and Indiana Department of Transportation should not be allowed to put the lawsuit on hold until it decides to re-do the Environmental Impact Statement analysis for the proposed tollway at some future date. ELPC argued there are no merits to the transportation departments’ claims and charged they are using it as a stalling tactic to prevent a final administrative action.

ELPC achieved a significant victory in June 2015 when U.S. District Judge Jorge Alonso ruled the analysis used in the Illiana’s Tier One Environmental Impact Statement “arbitrary and capricious.”

In October, the transportation agencies asked U.S. District Judge Charles R. Norgle for a stay of litigation until July to give the agencies time to do additional analysis after Judge Alonso’s June decision. The agencies insist that they will perform a revised analysis when sufficient funds are made available to IDOT. Considering that Illinois is tangled up in a budget gridlock, it is unlikely those funds will materialize any time soon.

ELPC immediately blew the whistle on the transportation agencies in a statement to the federal court filed shortly after the stay of litigation was requested, asserting that a new analysis would not change the facts at the heart of the case.

ELPC Executive Director Howard Learner, who is the lead attorney representing Openlands, the Midewin Heritage Association and the Sierra Club, said, “Defendants fundamentally misunderstand the purpose of a stay, which is to put a case ‘on hold’ pending the outcome of a development that would in some way affect the outcome of the current case. This common-sense purpose is simply not met here. The fundamental issue here is the foundation has been invalidated. Tier 2 of the environmental impact statement, based on Tier 1, cannot stand. And the defendants are trying to stall.

“The second-stage environmental impact statement at the center of the suit was an administrative action which the public is allowed to appeal through the courts. Later changes to the assessment should therefore not affect the environmental group’s ability to pursue their challenge. There’s no such thing as a semi-final administrative action or a quarter-final administrative action. Once a final administrative action has been made, as it has here, it is appealable.”

ELPC will continue to monitor the transportation agencies’ actions in its continued efforts to bring the Illiana Tollway boondoggle to an end.

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