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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. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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