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Illinois Supreme Court Sides With Grain Belt Express Developer
The Illinois Supreme Court gave a legal victory to the developer of the $11 billion Grain Belt Express transmission line aimed at carrying wind-powered electricity from southwest Kansas, across Missouri and to Indiana.
In a 6–0 ruling, the Court offered a 20-page opinion and upheld a 2023 decision by the Illinois Commerce Commission approving the high-voltage direct current power line. In doing so, the justices overturned a lower court ruling that denied the developers from getting a key construction permit.
Financing Issue at Center of Ruling
It doesn’t mean developer Invenergy has a clear path to begin construction because the ruling only addressed the challenge to the financing requirements. The Supreme Court sent remaining challenges to the lower court to be considered further. Still, it is considered a victory for Invenergy and supporters in their 15-year legal and political effort to build the 780-mile power line from Kansas to Indiana.
The court decision followed the Trump administration’s cancellation of a $4.9 billion loan guarantee for the project.
Eminent Domain Challenge Remains
The ruling came about because of a lawsuit by the Illinois Farm Bureau and a group of landowners who fought the use of eminent domain by Invenergy in obtaining the needed right of way. In 2024, a southern Illinois state appeals court overturned approval of the line, ruling that Invenergy didn’t prove it is capable of financing the project without adverse impacts to consumers.
But the Supreme Court determined Invenergy had met its obligation under the Illinois Climate and Equitable Jobs Act and the company had shown it could finance the project without “significant adverse financial” impact on the company and its customers.
Supreme Court Opinion Details
Supreme Court Justice Mary K. O’Brien wrote that the proof of Grain Belt’s current and present financial capability was not a condition in order for Invenergy to obtain the certificate.
“Instead, evidence of the industry’s method of financing the construction of large-scale energy projects, along with unrefuted evidence that such projects do not generate revenue until regulatory permits are issued and customer contracts are executed, supports the … decision to issue [a certificate]” to the project.
Construction Contracts Already Awarded
Contracts were awarded last May by Invenergy in order for construction to begin sometime this year on transmission infrastructure and converter stations in Kansas and Missouri. The contracts to Quanta Services and Kiewit Energy Group Inc. totaled nearly $1.7 billion.