ELR Citation: 52 ELR 20008
No(s). 19-0673 (Ill. App. Ct. Jan 12, 2022)

An Illinois appellate court set aside the Illinois Commerce Commission's decision to allow the Dakota Access oil pipeline to double its capacity by adding more pumping stations. Environmental groups argued the Commission, in its assessment of the public need for the stations, misinterpreted a prior decision as equating the "public" with the world, and that it arbitrarily and capriciously prohibited inquiry into the pipeline operator's record, which included repeated fines for safety and environmental violations in operating pipelines in Pennsylvania. The court agreed, finding that the Commission must consider the public need "for the people of the United States, not the world," and that the operator's conduct in Pennsylvania was relevant to "the security of the public." It vacated the Commission's decision and remanded to the agency for further proceedings.