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Chicago Tribune: Environmentalists Appeal Ruling on Illiana Toll Road

June 13. 2018
Environmentalists Appeal Ruling on Illiana Toll Road
By Susan DeMar Lafferty

Environmental groups filed a petition to ask the Illinois Appellate Court to reconsider its recent ruling against them regarding the proposed Illiana toll road.

According to the appeal this week, the Chicago Metropolitan Agency for Planning, the Metropolitan Planning Organization and the Illinois Department of Transportation failed to comply with the language of the Illinois Regional Planning Act, which states that the CMAP Board “shall” provide its “prior” “approval” of a transportation project before final approval by the MPO.

Howard Learner, executive director of the Environmental Law and Policy Center, who is representing Openlands and the Sierra Club, cited several other court cases to support their claim that the word “shall” is mandatory, not discretionary, as the court ruled.

The Illiana, a proposed 47-mile toll road connecting I-55 in Wilmington to I-65 near Lowell, Indiana, has been a controversial road project that was shelved by Gov. Bruce Rauner when he took office in January, 2015.

Environmentalists have opposed the toll road project, saying it would harm the Midewin National Tallgrass Prairie since the proposed route skirted its southern border, and calling it a “financial boondoggle” for the state.

In 2013 and 2014, IDOT sought to amend the “GO TO 2040” long range transportation plan to include the Illiana Tollway project and it had been debated by both CMAP and MPO at that time, with CMAP twice opposed to including the amendment in its 2040 plan and MPO supporting it.

Environmentalists filed the initial lawsuit in 2014, challenging the approval process for including the Illiana in the “GO TO 2040” plan.

According to the recent court petition, federal law requires that transportation projects must be approved by the MPO before they become eligible for federal funding.

CMAP was created by the Illinois General Assembly in the Illinois Regional Planning Act to ensure that transportation planning for the Chicago area is carried out in conjunction with comprehensive planning for land use, economic development, environmental sustainability and quality-of-life issues, the petition stated.

The act specifically states that the CMAP board “shall” first provide its “prior” “approval” of transportation projects and plans before the final approval by the MPO Policy Committee, according to the court document.

In the petition for a rehearing, Learner cited several cases in which the court ruled that “shall” means mandatory, not discretionary.

The Illinois Supreme Court is now hearing Oswald verse Beard, and that case should also define the meaning of “shall,” according to Learner.

“The Illinois General Assembly clearly intended to create a nondiscretionary, mandatory duty” when it wrote the Regional Planning Act, the petition stated.

On the other hand, the word “may” is used numerous times throughout the act, making the contrast “clear and easily discerned,” the document stated.

The appellate court “misconstrued the relationship” between CMAP Board and MPO and the nature of the GO TO 2040 Plan and the Illiana Tollway, it said.

“The entire purpose of GO TO 2040 as a regional comprehensive plan would be negated” if the MPO were able to push through projects “inconsistent with the other planning purposes of GO TO 2040,” the court document stated.

In the petition, Learner asked for a rehearing, or as an alternative, hold this request for a rehearing until after the state supreme court issues a ruling in Oswald verse Beard.

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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.

 

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.

 

Will Co. Residents Deliver 12,000+ Petitions Saying “Stop the Illiana”

Contact: David Jakubiak, (312) 795-3713 or DJakubiak@elpc.org

CHICAGO – Carrying boxes filled with 12,856 petitions that call on Governor Bruce Rauner to end the costly, unneeded Illiana Tollway proposal, residents of Will County brought their fight over the troubled roadway to the Thompson Center on Wednesday, saying it is a threat to taxpayers, farmland and their rural lifestyle.

“When this process began we worried that we were alone, but the overwhelming response to this petition drive from taxpayers across the state lets me know that we have a chance to stop this boondoggle before it goes any further,” said Virginia Hamann, who lives close to the proposed road’s path and leads the local grassroots group No Illiana 4 Us.

Hamman’s group collected more than 4,500 petitions from residents who would be impacted by the proposal. Other petitions were gathered from Illinoisans from across the state by groups including the Sierra Club, Openlands, Environmental Law & Policy Center, Active Transportation Alliance and Illinois PIRG.

Judy Ogalla, who represents District 1 on the Will County Board, was not surprised by the widespread opposition to the costly proposal. “It is reckless to plan to spend billions of dollars on a new road that has forecasts of minimal usage,” she said. “We have many roads and bridges in the state of Illinois that are in desperate need of repair.”

David Dodd, manager of Fratrans Trucking Company in Wilmington, IL, said the proposed road would run right over the company’s property, but what’s even worse, he said it would go unused. “It will cost truck drivers as much as $40 either way to use the tollway,” he said. “Trust me, truck drivers don’t spend their money that way.”

The group was also joined by Eli Geiss, President of the Village of Symerton, who noted that the proposal runs against the agricultural heritage of his hometown. “We do not want the pollution that the trucks will give off. We do not want the diesel and salt runoff that will poison our wells and Jordan Creek.”

A pet project of former Governor Pat Quinn, the Illiana Tollway would indebt state taxpayers and destroy vital natural areas. To attract a contractor to the so-called “public-private partnership,” the Illinois Department of Transportation would mandate taxpayer support of the private contractor for 39 years. The Chicago Metropolitan Agency for Planning (CMAP) has projected that the road would cost taxpayers up to $1.1 billion, diverting funding that could be used to relieve congestion and repair crumbling roads and bridges across the state.

The first executive order issued by Governor Rauner effectively froze the proposed project in mid-January, but the Will County residents are calling on the Governor to pull the plug on the project.

What They Are Saying About the Proposed Illiana Tollway

Several local, statewide and national advocacy groups have supported Will County residents in opposing the deeply flawed Illiana Tollway proposal. Here’s what they are saying about the project now:

Howard Learner, Executive Director, Environmental Law & Policy Center: “The Illiana Tollway is a financial boondoggle that’s a waste of Illinois taxpayers’ money and would harm the Midewin National Tallgrass Prairie.  There are better, more sensible alternatives, and thousands of people across the state agree that it is time to end the Illiana and focus on smarter transportation projects.”

Jack Darin, Director of the Sierra Club, Illinois Chapter: “The Illiana would pave over some of the best farmland in the world, pollute the Kankakee River watershed, and threaten the Midewin National Tallgrass Prairie. More than 10,000 people across our state have joined with leaders from around the region and expressed concern that the Illiana project would siphon dollars from other transportation projects and undermine planning for a strong Chicago region.”

Jerry Adelmann, Openlands President and CEO: “The Illiana Tollway runs counter to every conceivable concept of sound regional planning. The Illinoisans who signed this petition understand that the proposed tollway would negatively impact or destroy farmland, communities, and open space, including vital natural areas like Midewin National Tallgrass Prairie. It is time to put an end to the Illiana and the mockery it makes of sensible long-term planning.”

Ron Burke, Active Transportation Alliance: “These petitions vividly capture that the Illiana Tollway would not solve any transportation issues in Will County but would negatively impact other needed projects across the state. It’s time to advance transportation initiatives that solve problems, instead of creating new ones.”

Abe Scarr, Director of Illinois PIRG: “The message of the signers is that we need to move forward. The first thing that needs to happen is that the Illiana needs to be removed from the approved project list for future transportation funding. Its current position atop that lists puts every other project under uncertainty. Illinois needs to be able to plan and prioritize for future infrastructure investments, not keep propping up this zombie highway.”

2014: ELPC Advances Clean Energy & Clean Transportation Solutions, Protects the Midwest’s Special Natural Places

Dear Friends and Supporters,

DavidHowardELPC has achieved strong successes in challenging times, demonstrating that smart, strategic legal and policy advocacy can both improve environmental quality and grow the Midwest’s economy. ELPC’s solutions-focused strategies engage diverse partners and seize opportunities to make a fundamental difference in accelerating clean energy development and clean transportation technologies, protecting clean air and clean water, and preserving the Midwest’s special wild and natural places. Our multidisciplinary staff teams of expert public interest attorneys, M.B.A.s, policy advocates and communications specialists, combined with sound science engagement from ELPC’s Science Advisory Council, play to win and know how to get things done—truly making a difference for a better world.

We’re on the cusp of fundamental environmental changes. New solar energy, wind power, battery and lighting technologies can help clean up and transform the electricity sector. The Obama Administration’s landmark Clean Power Plan will, in effect, impose a price on carbon pollution while allowing flexible pollution reduction strategies that can be sculpted for effective solutions in each state.

ELPC’s advocacy led to the nation’s largest-ever investment in high-speed rail, including $2.6 billion for developing the Midwest rail network. Modern, faster, more comfortable new trains are being manufactured in the Midwest, creating jobs and spurring economic growth. The Midwest is a proving ground for the rest of the nation: higher-speed rail is arriving, with ELPC’s leadership.

Innovative car technologies – all-electric vehicles, gas-electric hybrids, fuel cell, CNG and others – combined with better designs and lighter materials are reducing
pollution from the transportation sector while lifestyle and economic changes lead to fewer people driving
cars and fewer vehicle miles traveled.

President Obama’s Great Lakes Restoration Initiative has bipartisan support and sustained appropriations, which have largely avoided political squabbling. The projects supported by $1.3 billion of federal funds over the past four years are achieving real results for restoring the Great Lakes ecological system.

This is an exciting and challenging time for ELPC’s Board and Staff to seize these opportunities for environmental quality and economic development progress. We’re proud of ELPC’s accomplishments in helping transform our Midwest home into a cleaner and more vibrant place to live, work and play.

Sincerely,

Howard A. Learner and David Wilhelm
ELPC Executive Director and Board Chair

 

Protecting the Midwest’s Prairies, Wilderness & Great Lakes

EOY-Sylvania

ELPC’s strategic litigation and advocacy campaigns provide our Midwestern conservation colleagues with first-rate legal firepower when necessary to protect treasured natural resources. ELPC public interest attorneys work in both the federal and state courts, and in the court of public opinion, to protect the Great Lakes, Mississippi River and the Midwest’s special natural areas, threatened species and wildlife habitats. ELPC establishes key legal precedents that protect our natural heritage now and for the future.

Protecting the Midewin National Tallgrass Prairie – Challenging the Proposed Illiana Tollway. Midewin is our country’s first national tallgrass prairie and is home to northeastern Illinois’ largest, most diverse community of grassland birds. ELPC and our clients Openlands, Midewin Heritage Association and Sierra Club are challenging the boondoggle Illiana Tollway, which threatens the Midewin Prairie and wildlife habitat with damaging noise, light and pollution from convoys of heavy trucks. ELPC’s federal and state court litigation, combined with our media and public education campaign, has exposed the financial folly of the Illiana Tollway and its destructive impacts on the Midewin National Tallgrass Prairie. In October, the Chicago Metropolitan Agency for Planning Board again voted overwhelmingly against adding the Illiana Tollway to the regional plan. The Illiana Tollway is now the hottest transportation battle in Illinois.

Defending the Sylvania National Wilderness Area. Sylvania is a beautiful 18,327-acre wilderness area with quiet connected lakes and old-growth trees on the Wisconsin-Michigan border. ELPC attorneys, representing Friends of Sylvania, Sylvania Wilderness Cabins, and the Upper Peninsula Environmental Coalition won a major victory in federal district court to finally limit “grandfathered” polluting and noisy gas-powered motorboat use along the Sylvania Wilderness. This ELPC litigation victory is a key precedent for protecting our Wilderness Areas, National Forests, and National Lakeshores in the North Woods and Upper Great Lakes. We’re protecting the Sylvania Wilderness against invasive species and preserving wilderness tranquility for people to enjoy in this special place.

Stopping the SS Badger from Dumping Toxic Coal Ash in Lake Michigan. ELPC and our colleagues are working with U.S. Senator Dick Durbin and others to stop the coal-burning SS Badger, a Lake-Michigan ferry boat, from dumping about 1 million pounds of toxic coal ash into Lake Michigan each year. In 2013, the SS Badger’s owner agreed with the US EPA to reduce coal ash dumping in 2014 and completely stop by 2015. The SS Badger’s owner now claims to have installed digital combustion controls that lower fuel consumption, and, next summer, will store the coal ash on board. ELPC will work to ensure that the SS Badger stops dumping into the Great Lakes.

Protecting the Great Lakes from Aging Oil Pipelines. Every day, Enbridge’s decaying, 60-year-old “Line 5” pipeline carries over 20 million gallons of crude oil and natural gas fluid under the Straits of Mackinac, which connects Lake Michigan and Lake Huron. In 2010, another Enbridge pipeline spilled more than 875,000 gallons of oil into the Kalamazoo River. That spill created an ecological disaster that is still being cleaned up today. ELPC is working with the Michigan Land Use Institute, Michigan Environmental Council, FLOW and other partners to require Enbridge to remove, replace or upgrade its pipeline to protect the vulnerable Straits of Mackinac. We are gaining support from policymakers to take needed protective action.

 

Leading the Midwest’s Clean Energy Transformation

EOY-Solar

Disruptive solar energy and battery technologies and sustained advances in energy efficiency are poised to transform the electricity sector like wireless and the internet transformed telecommunications. ELPC advocates new policies to drive energy markets and technological innovations that can change the world.

Growing Renewable Energy in the Heartland. Wind power development is driving manufacturing jobs, rural economic development and pollution reduction. Iowa leads the nation, generating 28% of its electricity from wind power. Chicago has 14 global and North American wind power corporate headquarters. Wind power equipment supply chain businesses create jobs across the Midwest. Solar technologies keep advancing and PV panels drop in price, while energy efficiency advances in appliances, lighting and buildings save us money and reduce pollution.

ELPC’s solutions-based advocacy accelerates clean energy through an “innovate and replicate” model in which new policies — including updating standards for more solar on the grid in Illinois and new solar approaches in Minnesota — can be replicated in more states to drive markets, reduce barriers, and advance clean energy across the Midwest.

Expanding Energy Efficiency Programs. LED lights save 90% more energy than incandescent bulbs. In Illinois, ELPC steered new programs to accelerate market penetration of LED lights and home weatherization to produce longer-term, deeper energy savings. In Iowa, ELPC persuaded a utility to increase discounted LED lights from 2% to more than 40% by 2018, thereby avoiding more than 45 million pounds of CO2 pollution. ELPC’s sustained advocacy to accelerate energy efficiency in the Midwest will save consumers money on their utility bills, reduce the need for polluting power plants, and lighten the load on the electricity grid thereby improving reliability. A key indicator of market change: American Electric Power told the Public Utilities Commission of Ohio that it expects electricity demand to decrease by 16% over the next ten years.

Solar is Poised for Breakthrough Success. ELPC’s advocacy leadership is advancing breakthrough policies and removing barriers to solar energy development. ELPC persuaded the Minnesota Public Utilities Commission to adopt an innovative “value of solar tariff” to recognize the multiple economic and social benefits of solar. ELPC is working with Illinois policymakers to update standards that will make solar easier to finance and connect to the grid. ELPC attorneys won a nationally precedential case before the Iowa Supreme Court to remove utility-sponsored regulatory barriers against a conventional financing mechanism used to support solar installations on public buildings, homes and business.

ELPC attorneys and a diverse coalition of solar power and energy efficiency businesses, RENEW, AARP, low-income consumer groups, and municipalities are fighting back before the Public Service Commission of Wisconsin against three Wisconsin utilities seeking to raise fixed charges and impose costly regulatory barriers to advancing solar energy and energy efficiency innovations. We need to win before the Comission and in the court of public opinion.

ELPC designed Illinois’ new $30 million solar procurement program, and we are working to create more sustainable cities by developing old industrial brownfields into solar “brightfields” that generate clean energy, create jobs and spur economic revitalization. ELPC’s multidisciplinary team of energy experts works on multiple fronts to accelerate Midwest leadership to a cleaner energy future.

 

Advancing Midwest Leadership for Climate Change Solutions

EOY-McCartyThe Midwest is the center of our nation’s carbon pollution problems and should be the fulcrum for clean energy and clean transportation solutions. ELPC is working to speed development of clean wind power and solar energy resources, implement policies to advance energy efficiency, and accelerate hybrids, electric vehicles and other modern clean car technologies combined with better planning. These climate change solutions are good for job creation, good for economic growth and good for our environment and public health.

Achieving the Full Potential of the Clean Power Plan. President Obama’s proposed Clean Power Plan advances climate solutions leadership. The U.S. EPA is finalizing strong federal carbon pollution reduction standards in 2015 that will use Midwest states’ implementation plans to clean up the Midwest’s electricity sector. Supportive policies, improved technologies and changes in business and public attitudes and actions are driving clean energy from early adopters to the mainstream, with more wind power development, more solar energy installations and more efficient LED lighting, appliances, HVAC, pumps and motors. Electricity demand is declining while the Midwest economy is rebounding, and renewables and natural gas are squeezing out old coal plants and reducing carbon pollution. ELPC’s framework strategy Repowering the Midwest is moving from policy vision to reality.

 

Accelerating the Next Generation of Sustainable Transportation

Advancing Midwest High-Speed Rail Development. ELPC’s sustained advocacy to advance the Chicago-hubbed Midwest high-speed rail network is achieving major progress with bipartisan political and business, labor and civic support. By late 2015, we expect 110 mph modern rail service on 75% – 80% of the Chicago–St. Louis corridor, and soon after on the Chicago-Detroit corridor. Modern passenger railcars manufactured in Rochelle, Illinois are on track by early 2016. Minnesota continues planning for high speed rail projects as well. Key federal transportation legislation is a priority for Congress in 2015, and ELPC is working closely with the pivotal Midwest delegation to expand funding for high-speed rail development that improves mobility, reduces pollution, creates jobs and spurs economic growth.

Reducing Harmful Diesel Pollution. ELPC and our community partners challenged increased diesel pollution from Norfolk Southern’s rail yard expansion in Chicago’s Englewood community. ELPC’s legal and policy advocacy combined with community organizing, public engagement and media attention brought Norfolk Southern to the negotiating table. The settlement will reduce particulate pollution from diesel rail equipment and trucks, add neighborhood green space, and bring new jobs and economic growth.

Promoting Electric Vehicles. ELPC business and policy specialists are working to expand electric vehicle market penetration by removing barriers and advancing supportive policies. ELPC is partnering with the City of Chicago and leading businesses to promote workplace charging policies and infrastructure. By developing the policies to create workplace and home charging opportunities, electric vehicles can be used by more people, expanding capacity for businesses to operate large-scale green fleets.


 You may also download a PDF of our year-end brochure here.

 

 

Illiana could charge tolls four times those of other Illinois tollways

Any company that tried to sell a product at up to four times the competition’s price likely wouldn’t stay in business very long. Customers would walk right away, and management at a minimum would find itself out of a job.

But things work differently in the wonderful world of government. Which leads to a story about how the proposed Illiana Expressway — the proposed $1-billion-plus roadway between I-55 in Illinois and I-65 in Indiana that’s being strongly pushed by Gov. Pat Quinn’s administration, despite big doubts about its financial viability.

The story is that, based on documents recently, and quietly, released by the Illinois Department of Transportation, it appears the road quite probably would have to levy tolls two, three and even four times those charged on other Illinois tollways.

Yes, you read that right. Four times now charged elsewhere in the metropolitan area by the Illinois Tollway. A cool $11.81 for an auto to drive the road’s entire proposed 47-mile length, and an icy $58.13 for a 16-wheeler.

With no toll at all on the nearby I-80, an existing expressway that runs about 10 miles or so north of the proposed Illiana, guess where the trucks are likely to end up?

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