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ILLINOIS LANDOWNERS ALLIANCE, NFP v. ILLINOIS COMMERCE COMMISSION

Nos. 3-15-0099, 3-15-0103, 3-15-0104 cons.

2016 IL App (3d) 150099

ILLINOIS LANDOWNERS ALLIANCE, NFP, Petitioner, v. THE ILLINOIS COMMERCE COMMISSION; COMMONWEALTH EDISON COMPANY; INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO LOCAL UNIONS 51, 9, 145 AND 196; ILLINOIS AGRICULTURAL ASSOCIATION, a/k/a Illinois Farm Bureau; WIND ON THE WIRES; ENVIRONMENTAL LAW AND POLICY CENTER; NATURAL RESOURCES DEFENSE COUNCIL; BUILDING OWNERS AND MANAGERS ASSOCIATION OF CHICAGO; DYNEGY MIDWEST GENERATION, LLC; DYNEGY KENDALL ENERGY, LLC; AMEREN TRANSMISSION COMPANY OF ILLINOIS; MIDWEST GENERATION, LLC; JOHN L. CANTLIN; and JOSEPH H. CANTLIN, Respondents.-ILLINOIS AGRICULTURAL ASSOCIATION, a/k/a Illinois Farm Bureau, Petitioner, v. THE ILLINOIS COMMERCE COMMISSION; ROCK ISLAND CLEAN LINE, LLC; COMMONWEALTH EDISON COMPANY; INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO LOCAL UNIONS 51, 9, 145 AND 196; ILLINOIS LANDOWNERS ALLIANCE, NFP; WIND ON THE WIRES; ENVIRONMENTAL LAW AND POLICY CENTER; NATURAL RESOURCES DEFENSE COUNCIL; BUILDING OWNERS AND MANAGERS ASSOCIATION OF CHICAGO; DYNEGY MIDWEST GENERATION, LLC; DYNEGY KENDALL ENERGY, LLC; AMEREN TRANSMISSION COMPANY OF ILLINOIS; MIDWEST GENERATION, LLC; JOHN L. CANTLIN; JOSEPH H. CANTLIN; TIMOTHY B. CANTLIN; FRIESLAND FARMS, LLC; LARRY GERDES; STEVEN GERDES; JASON D. JAMES; JAMES BEDEKER; SALLY BEDEKER; and FIRST MIDWEST BANK TRUST #6243, Respondents. COMMONWEALTH EDISON COMPANY, Petitioner, v. THE ILLINOIS COMMERCE COMMISSION; ROCK ISLAND CLEAN LINE, LLC; INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO LOCAL UNIONS 51, 9, 145 AND 196; ILLINOIS AGRICULTURAL ASSOCIATION, a/k/a Illinois Farm Bureau; WIND ON THE WIRES; ENVIRONMENTAL LAW AND POLICY CENTER; NATURAL RESOURCES DEFENSE COUNCIL; BUILDING OWNERS AND MANAGERS ASSOCIATION OF CHICAGO; DYNEGY MIDWEST GENERATION, LLC; DYNEGY KENDALL ENERGY, LLC; AMEREN TRANSMISSION COMPANY OF ILLINOIS; MIDWEST GENERATION, LLC; ILLINOIS LANDOWNERS ALLIANCE, NFP; JOHN L. CANTLIN; JOSEPH H. CANTLIN; TIMOTHY B. CANTLIN; FRIESLAND FARMS, LLC; LARRY GERDES; STEVEN GERDES; JASON D. JAMES; JAMES BEDEKER; SALLY BEDEKER; And FIRST MIDWEST BANK TRUST #6243, Respondents.

Appellate Court of Illinois, Third District.

Filed August 10, 2016.

Attorney(s) appearing for the Case

William M. Shay , of Shay Phillips, Ltd., of Peoria, for petitioner Illinois Landowners Alliance, NFP.

Claire A. Manning and Charles Y. Davis , both of Brown, Hay & Stephens, LLP, of Springfield, for petitioner Illinois Agricultural Association.

E. Glenn Rippie (argued) and Carmen L. Fosco , both of Rooney Rippie & Ratnaswamy, LLP, Thomas S. O'Neill, of Commonwealth Edison Company, and Richard G. Bernet and Clark M. Stalker , all of Chicago, for Commonwealth Edison Company.

James E. Weging and Matthew L. Harvey (argued), both of Office of General Counsel, for respondent Illinois Commerce Commission.

Rochelle G. Skolnick , of Schuchat, Cook & Werner, of St. Louis, Missouri, for respondent International Brotherhood of Electrical Workers.

Sean R. Brady , of Wheaton, for respondent Wind on the Wires.

Owen E. MacBride (argued) and Diana Z. Bowman , both of Schiff Hardin LLP, of Chicago, for respondent Rock Isl and Clean Line, LLC.

Justices Carter and Wright concurred in the judgment and opinion.

OPINION

¶ 1 Illinois Landowners Alliance, NFP (ILA), Illinois Agricultural Association also known as Illinois Farm Bureau (IAA), and Commonwealth Edison Company (Com Ed) petition this court for review of an order of the Illinois Commerce Commission (Commission) allowing...

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