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Rockport on the rocks

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Lawmakers ended the 2013 legislative session by nearly driving a stake through the heart of a widely criticized deal for construction of an experimental power plant that promised to turn coal into substitute natural gas. Legislators bowed to the Indiana Supreme Court to rule on the politically charged matter.
 

15col-Rockport.jpg Lawmakers raised new hurdles for a proposal to build a coal gasification plant in Rockport on the site shown above on the yellow-shaded area. The Legislature also deferred to a possible ruling by the Indiana Supreme Court on the fate of the plant. (Photo courtesy John Blair)

That deference to the court, plus the likelihood of a new round of state regulatory review, are outlined in Senate Enrolled Act 494. Plant backers provided the subtext: They said even if the justices keep alive a contract to finance the Rockport facility along the Ohio River in part by guaranteed gas rates above current market prices, the Legislature’s action already may have doomed a project estimated to cost at least $2.4 billion.

“Since this conscious decision was made, the judgment of the state is very clear: neither the Legislature nor the governor support the contract or the project,” Indiana Gasification LLC, a subsidiary of hedge fund Leucadia National Corp. said in a statement. Leucadia announced April 30 it was suspending work on the Rockport site pending judicial review.

“Therefore, the claim made by legislative leadership and the governor that everything is fine if the Supreme Court sides with us is a

false promise; no one would invest $750 million where such clear opposition from the government is evident,” the company said, referring to passage of the legislation. “The institutions that provide the capital to build a plant of this size will not do business in a state that is so cavalier about the $20-plus million dollars we have already invested.”

But critics of the proposed plant celebrated the General Assembly’s rejection of a plan that had been pushed by former Gov. Mitch Daniels and that lawmakers passed just two years ago. Even if the state has to pay Leucadia $20 million for its trouble, opponents said that would be getting away cheap from a project they claim would saddle ratepayers with a 30-year contract to buy gas at rates upwards of double the current market price.

Opponents also cast 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.

“The whole reason that a Republican governor and a Republican Legislature decided to have the government step in and buy the gas was because nobody in the marketplace would do it,” said Jermone Polk, an attorney representing plant opponents Sierra Club and ValleyWatch.

“It was one of the most perverse and bizarre arrangements that I’ve seen,” Polk said. “We could be paying billions of dollars and not see any benefit. … The only people who benefit from the plant are the investment company pushing the project, Leucadia and coal interests.”

Polk wrote an amicus brief for the environmental groups that formed an unlikely alliance with Vectren Corp. and other utilities to oppose the deal. A divided Indiana Court of Appeals last year nullified Leucadia’s contract with the Indiana Finance Authority.

Attorneys have requested the Supreme Court grant transfer in Indiana Gas Company, Inc. and Southern Indiana Gas and Electric Co., et al. v. Indiana Finance Authority and Indiana Gasification, LLC, 93A02-1112-EX-1141. The court has been fully briefed, but justices have yet to decide if they’ll take the case. (Indiana Gas Co. and Southern Indiana Gas and Electric Co. do business as Vectren).

Rockport attorney Jeff Lindsey chairs the Lincolnland Economic Development Corp. of Spencer County, an amicus party that supported plant construction. He said Vectren’s clout rather than environmental or fiscal concerns was most responsible for lawmakers all but pulling the plug.

“It’s a tremendous blow for economic development and economic growth in the Southwest Indiana region,” Lindsey said. “It’s truly unfortunate that Vectren Corp. seems to be so determined to prevent this type of beneficial economic growth.

“I don’t know of any other single entity that lobbied harder, invested more time, energy, effort and money in their lobbying effort and legal fight, and unfortunately, I have to pay Vectren rates,” Lindsey said, calling the utility’s rates among the state’s highest. He said the agreement to build the plant through the Indiana Finance Authority provided for rates that are not outside historic price fluctuations.

“I don’t believe (Vectren’s) opposition to this has anything to do with benefiting the ratepayers. It has everything to do with benefiting their stockholders and their executives,” he said.

Tom Funk, a Krieg DeVault LLP partner representing Vectren, declined to comment, citing the pending litigation. Attorneys representing Indiana Gasification in the pending litigation did not respond to messages seeking comment.

Lindsey compared the plant’s promise for the region to the Toyota plant in nearby Princeton. “I think it would have brought a lot of jobs here. I think it would have been a game-changer,” he said. “The area would have received a huge amount of focus nationally and internationally on the type of clean-coal usage that should be done.”

John Blair of ValleyWatch in Evansville is an outspoken critic of the proposal. “Rockport is already one of the most polluted places on Earth,” he said. Based on data from the Environmental Protection Agency, emissions in the town of about 2,300 people are greater than those of industrialized American cities with a combined population of more than 34 million, he explained.

“We’ve been making the case with the Department of Energy that this is a serious environmental justice issue,” he said.

Blair ridicules claims of an economic or environmental boon from the plant. He noted fertilizer companies recently began seeking permission to build plants near the proposed Rockport site that would dwarf the facility that recently exploded and leveled much of the town of West, Texas. That’s the kind of development a new coal-based energy plant attracts, he said.

“Just because you spend a lot of money in a community doesn’t mean that it makes you healthy or wealthy,” Blair said. “My observation is anywhere coal goes, it depresses a community. … There are zero prosperous coal communities in the United States, and I suspect the world.”

Blair argues that Justice Mark Massa, a Daniels appointee who was the former governor’s chief counsel, should recuse himself from consideration of the pending case. Lubbers, Indiana Gasification’s project manager, hired Massa in 1985 to be a speechwriter in the administration of former Gov. Bob Orr. Lubbers also delivered remarks during Massa’s investiture.

Massa did not respond to a request for comment through court public information officer Kathryn Dolan.

Rockport’s backers, meanwhile, said they’ll fight for the project in court and signaled a willingness to apply political pressure to keep it alive.

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

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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