ILNews

Justices take Rockport gasification appeal

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The Indiana Supreme Court will hear an appeal that could determine the fate of a controversial proposal to fund a southern Indiana coal gasification plant with guaranteed prices above current market rates for the substitute natural gas it would create.

Justices Thursday granted transfer in Indiana Gas Company, et al. v. Indiana Regulatory Commission, 93S02-1306-EX-00407. A divided Court of Appeals panel reversed an Indiana Utility Regulatory Commission order approving a contract that would have funded the plant in Rockport.

The appellate panel was divided over whether the state’s entire contract must be voided because the definition of “retail end use customer” differs from the statutory definition. The majority ruled that it must, but Chief Judge Margret Robb argued in dissent that only that portion of the contract with the errant language must be voided.

Transfer to the Supreme Court was expected after the Indiana General Assembly in the closing days of this year’s session deferred to the court in Senate Enrolled Act 494. Plant backers blasted the action and Gov. Mike Pence’s signature on the bill, saying it may have doomed a project championed by former Gov. Mitch Daniels, which is expected to cost at least $2.4 billion. But the plant’s backers vowed to press on.

“We will work hard for a win if the Supreme Court takes the case,” Indiana Gasification LLC said in a statement after Pence signed SEA 494. “If we win, however, only a clear reversal of position by the governor would enable the project to go forward.”

Opponents celebrated the Legislature’s about-face, casting the plant as an untested design, an environmental menace and a brazen example of crony capitalism benefiting former Daniels adviser Mark Lubbers, now project director for Indiana Gasification.

Even if the justices reverse the Court of Appeals, SEA 494 would trigger a new round of state regulatory review. Leucadia National Corp., the parent company of Indiana Gasification, announced it was suspending work on the Rockport site pending judicial review. Leucadia said it has spent $20 million on the Rockport proposal to date. 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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