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SAVE OUR ILLINOIS LAND v. COMMERCE COM'N

No. 4-21-0008.

200 N.E.3d 870 (2022)

2022 IL App (4th) 210008

SAVE OUR ILLINOIS LAND, Sierra Club, Natural Resources Defense Council, and William Klingele, Plaintiffs-Appellants, v. The ILLINOIS COMMERCE COMMISSION; Dakota Access, LLC; Energy Transfer Crude Oil Company, LLC; International Brotherhood of Electrical Workers, Local 702; Laborers' International Union of North America; Southwestern Illinois Laborers' District Council; Great Plains Laborers' District Council; and Southern and Central Illinois Laborers' District Council and Its Affiliated Local Unions 231, 622, 773, and 1197, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Modified Upon Denial or Rehearing February 28, 2022.

Attorney(s) appearing for the Case

John D. Albers and William M. Shay , of Shay Law, Ltd., of Peoria, for appellants.

Robert W. Funk , Rebecca L. Segal , and Thomas R. Stanton , Special Assistant Attorneys General, of Chicago, for appellee Illinois Commerce Commission.

Claire A. Manning and Anthony D. Schuering , of Brown, Hay & Stephens, LLP, of Springfield, Owen MacBride , Bina Joshi , and Amy Antoniolli , of Schiff Hardin LLP, of Chicago, and Bret Dublinske , of Fredrikson & Byron, P.A., of Des Moines, Iowa, for appellees Dakota Access, LLC, and Energy Transfer Crude Oil Company, LLC.

Jeff Naville , of Springfield, and Patrick K. Shinners , of Schuchat, Cook & Werner, of St. Louis, Missouri, for other appellees.

OPINION

¶ 1 Dakota Access, LLC (Dakota Access), and Energy Transfer Crude Oil Company, LLC (Energy Transfer), which, collectively, we will call "the carriers," own a crude-oil pipeline that runs hundreds of miles through Illinois, from the northwest to the south....

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