JEFFERSON CITY — The developer of the Grain Belt Express, a 780-mile-long energy project, is asking the Missouri Supreme Court for an expedited review of a ruling by the state's Public Service Commission that is stymying the project.
In August the Missouri Public Service Commission rejected Clean Line Energy Partners' request for a certificate of necessity and convenience for the second time.
Clean Line Energy Partners took their case to the Missouri Court of Appeals Eastern District, but now wants it heard by the state Supreme Court as soon as possible
“Under its rules, the Supreme Court may, on its own, move an appeal from the district appellate court to the Supreme Court during the course of the appellate process," Mark W. Comley, a partner with the Jefferson City law firm of Newman, Comley & Ruth P.C., recently told the St. Louis Record. "However, there are strong arguments on both sides of the issue and I cannot predict what the court may decide on Clean Line’s application."
The project has been stalled for years. The high-voltage transmission line would run across Kansas, Missouri and Illinois, carrying approximately 400 megawatts of power in the form of wind energy.
“I believe Clean Line has supplied some strong arguments for the transfer," Comley said. "At the same time there are equally strong arguments and policies-- for instance, the interest of judicial efficiency and economy -- that would support denying the application so that the Eastern District can first review the case and decide it. Depending on how the Eastern District rules, there may be no need for the Supreme Court to examine the matter.”
Comley also said the Grain Belt Express poses a lot of problems for landowners along the route.
“They have legitimate objections to the placement and operation of the line," he said. "A majority are engaged heavily in agriculture or in ranching. The towers that would be erected for the line are problematic for these individuals. During the construction phase, the equipment used to erect the towers can adversely compact the soil. Placement of the towers interferes with smooth operation of irrigation equipment. Many farmers use large tractors and implements, and the towers get in the way."
The landowners can fight, but Comley notes, “Acquiring the rights to the land for the line would most likely involve condemnation/eminent domain, and the landowners would be faced with the burden and expense of litigation.”