ROBBINS RESOURCE RECOVERY PARTNERS, L.P.; Foster Wheeler Robbins, Inc.; Foster Wheeler Illinois, Inc.; Foster Wheeler Corporation; and The Village of Robbins, Plaintiffs,
v.
James EDGAR, in His Official Capacity as the Governor of the State of Illinois; The Illinois Commerce Commission; William Dickson, Richard Kolhauser, Ruth Kretschmer, Karl McDermott, and Dan Miller, in Their Official Capacities as Commissioners of the Illinois Commerce Commission; and the State of Illinois, Defendants.
United States District Court, N.D. Illinois, Eastern Division.https://leagle.com/images/logo.png
November 1, 1996.
November 1, 1996.
Attorney(s) appearing for the Case
Norman J. Barry, Joseph P. Della Maria, Jr., Alan S. Madans, Christopher G. Walsh, Jr., Robin Korman Powers, Rothschild, Barry & Myers, P.C., Chicago, IL, for plaintiffs Robbins Resource Recovery Partners, L.P., Foster Wheeler Robbins, Inc., Foster Wheeler Illinois, Inc., Foster Wheeler Corp.
Mark H. Sterk, Odelson & Sterk, Ltd., Evergreen Park, IL, for plaintiff Village of Robbins.
Elizabeth Jean Cisar, Alexander Ewing, Environmental Law & Policy, Chicago, IL, Howard Alan Learner, Environmental Law and Policy, Chicago, IL, for intervenors South Cook Environmental Action Coalition, Citizens for a Better Environment, Sierra Club (Illinois Chapter), American Lung Association of Metropolitan Chicago, Environmental Law and Policy Center of the Midwest, Illinois Environmental Council.
Robert J. Kelter, Citizens Utility Board, Chicago, IL, Richard C. Balough, Chicago, IL, for intervenors Citizens Utility Bd., Ernest Young, Carl R. Williams, Adolph Coleman and Gloria Scott.
Iain D. Johnston, Illinois Attorney General's Office, Chicago, IL, Michael White Coffield, Kevin Michael Flynn, James G. Richmond, Ungaretti & Harris, Chicago, IL, Malcolm Hirsten Brooks, Richard A. Redmond, Steven B. Varick, Marc L. Fogelberg, McBride, Baker & Coles, Chicago, IL, for defendants James Edgar, Illinois Commerce Commission, William Dickson, defendant.
United States District Court, N.D. Illinois, Eastern Division.
Memorandum Opinion and Order
ZAGEL, District Judge.
Facts
In 1987, the Illinois legislature passed the Retail Rate Statute which created a scheme to promote the development of alternate energy production facilities and conserve energy. 220 ILCS 5/8-403.1. This statute required Illinois utility companies to enter into twenty-year contracts to purchase electricity from qualified solid-waste-to-energy facilities ("QSWEF") at retail rate...
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