Attach to Form 990 or Form 990-EZ.
Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
| (i)Name of supported organization | (ii) EIN | (iii) Type of organization (described on lines 1- 9 above (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
| Total | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any unusual grants.) .... | 4,178,358 | 6,028,641 | 6,512,271 | 6,373,003 | 4,150,324 | 27,242,597 |
| 2 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf....... | ||||||
| 3 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 4 | Total. Add lines 1 through 3 | 4,178,358 | 6,028,641 | 6,512,271 | 6,373,003 | 4,150,324 | 27,242,597 |
| 5 | The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f).. | 5,701,662 | |||||
| 6 | Public support. Subtract line 5 from line 4. | 21,540,935 | |||||
Calendar year
(or fiscal year beginning in) ![]() |
(a) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 7 | Amounts from line 4.. | 4,178,358 | 6,028,641 | 6,512,271 | 6,373,003 | 4,150,324 | 27,242,597 |
| 8 | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources... | 151,458 | 225,794 | 233,367 | 261,860 | 290,707 | 1,163,186 |
| 9 | Net income from unrelated business activities, whether or not the business is regularly carried on.. | ||||||
| 10 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.).. | 7,589 | 3,338 | 10,927 | |||
| 11 | Total support. Add lines 7 through 10. | 28,416,710 | |||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") . | ||||||
| 2 | Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose...... | ||||||
| 3 | Gross receipts from activities that are not an unrelated trade or business under section 513... | ||||||
| 4 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf... | ||||||
| 5 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 6 | Total. Add lines 1 through 5. | ||||||
| 7a | Amounts included on lines 1, 2, and 3 received from disqualified persons... | ||||||
| b | Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year. | ||||||
| c | Add lines 7a and 7b.. | ||||||
| 8 | Public support. (Subtract line 7c from line 6.) | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2011 | (b) 2012 | (c) 2013 | (d) 2014 | (e) 2015 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 9 | Amounts from line 6... | ||||||
| 10a | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | ||||||
| b | Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975. | ||||||
| c | Add lines 10a and 10b. | ||||||
| 11 | Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on. | ||||||
| 12 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
|||||
| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 1-1/2% of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by .035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | ||
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
||
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | ||
| 4 Amounts paid to acquire exempt-use assets | ||
| 5 Qualified set-aside amounts (prior IRS approval required) | ||
| 6 Other distributions (describe in Part VI). See instructions | ||
| 7Total annual distributions. Add lines 1 through 6. | ||
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
||
| 9 Distributable amount for 2015 from Section C, line 6 | ||
| 10 Line 8 amount divided by Line 9 amount | ||
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2015 |
(iii) Distributable Amount for 2015 |
|
|---|---|---|---|---|
|
1
Distributable amount for 2015 from Section C, line 6 |
||||
|
2
Underdistributions, if any, for years prior to 2015 (reasonable cause required--see instructions) |
||||
| 3 Excess distributions carryover, if any, to 2015: | ||||
| a | ||||
| b | ||||
| c | ||||
| d From 2013....... | ||||
| e From 2014....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2015 distributable amount | ||||
|
i
Carryover from 2010 not applied (see instructions) |
||||
| j Remainder. Subtract lines 3g, 3h, and 3i from 3f. | ||||
| 4Distributions for 2015 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2015 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from 4. | ||||
|
5
Remaining underdistributions for years prior to 2015, if any. Subtract lines 3g and 4a from line 2 (if amount greater than zero, see instructions) |
||||
|
6
Remaining underdistributions for 2015. Subtract lines 3h and 4b from line 1 (if amount greater than zero, see instructions) |
||||
|
7 Excess distributions carryover to 2016. Add lines 3j and 4c. |
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| 8 Breakdown of line 7: | ||||
| a | ||||
| b | ||||
| c Excess from 2013....... | ||||
| d From 2014....... | ||||
| e From 2015....... | ||||
| Facts And Circumstances Test |
|---|
| Return Reference | Explanation |
|---|
| Software ID: | |
| Software Version: |
Attach to Form 990 or 990-EZ.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at| Return Reference | Explanation |
|---|---|
| Form 990, Additional Disclosures: | The Environmental Law & Policy Center ("ELPC") was involved in the following litigation during FY 2016 (July 1, 2015 - June 30, 2016). Unless otherwise noted, court-awarded fees were not recovered in any of these cases during FY 2016. NATURAL RESOURCES PRESERVATION Herr et al v. United States Forest Service, et al., No. 2:14-cv-00105 (United States District Court for the Western District of Michigan) Herr et al. v United States Forest Service, et al., No. 14-2381 (United States Court of Appeals for the Sixth Circuit) ELPC represents intervenors Sylvania Wilderness Cabins, Timothy Schmidt, Friends of Sylvania, and the Upper Peninsula Environmental Coalition in defending a private landowner's challenge to United States Forest Service regulations prohibiting motorboat usage in the Sylvania Wilderness in Michigan's Upper Peninsula. After the U.S. District Court for the Western District of Michigan issued an Opinion, on September 24, 2014, dismissing Plaintiffs' claims, the Plaintiffs appealed to the U.S. Court of Appeals for the Sixth Circuit, which, on October 9, 2015, issued a decision reversing, in part, and remanding the case to the district court for a decision on the merits. The parties filed cross-motions for summary judgment, and on June 13, 2016, the District Court granted ELPC's and the Forest Service's motions for summary judgment and denied the Plaintiffs' motion. National Parks Conservation Association v. United States Forest Service, et al., Case No. 1:15-cv-01582-APM (U.S. District Court for the District of Columbia) ELPC attorneys represent the National Parks Conservation Association, which filed a lawsuit on September 29, 2015 challenging the Forest Service's decision to permit a gravel mining operation that would be both visible and audible from Theodore Roosevelt National Park. The Forest Service conducted only an Environmental Assessment instead of a more rigorous Environmental Impact Statement. The Forest Service found that there would be no significant environmental impact from the mine that would not be otherwise mitigated. In comments to the Forest Service, the National Park Service opposed this permit approval in light of the scenic and historic importance of Theodore Roosevelt National Park. Elkhorn Minerals, LLC, which would build and operate the gravel mine, intervened in the case. Following the District Court's denial of a motion for preliminary injunction on January 22, 2016, the parties submitted cross-motions for summary judgment on February 10, 2016. On March 31, 2016, the Court denied the Plaintiff's motion for summary judgment and granted the Forest Service's motion for summary judgment. In re Peabody Energy Corporation, et al., Case No. 16-42529-399 (U.S. Bankruptcy Court for the Eastern District of Missouri). ELPC intervened as a party of interest in the Peabody Energy bankruptcy proceedings to request relief from the automatic stay provision of the Bankruptcy Code. When Peabody entered bankruptcy, it was "self-bonding" mine reclamation obligations of about $1.2 billion in four states, including Illinois and Indiana. That means that, instead of securing its cleanup obligations with third-party financial assurances, state regulators had allowed Peabody to secure them with a "promise to pay" based on the purported strength of its balance sheet. Peabody asserted that, even during bankruptcy and upon its emergence, it should be permitted to continue self-bonding its cleanup obligations. ELPC participated in the bankruptcy proceedings to ensure that Peabody would not be allowed to emerge from bankruptcy with continued self-bonding. ELPC subsequently objected to Peabody's plan of reorganization to the extent it could become effective without complete replacement of self-bonds. At the hearing on the plan for reorganization, Peabody stated on the record that all self-bonds would be replaced with commercial surety bonds (and some Indiana bond pool funds) as of the effective date of the plan, thereby resolving ELPC's objection in our favor. CLEAN AIR Natural Resources Defense Council, Inc., Respiratory Health Ass'n and Sierra Club v. Illinois Power Resources, LLC, et al., Case No.: 1:13-cv-01181 (United States District Court for the Central District of Illinois) ELPC attorneys represent the Respiratory Health Association and Sierra Club in litigation asserting that the Dynegy subsidiaries operating the E.D. Edwards Coal Plant near Peoria, Illinois, violated their emission limits on opacity and particulate matter on thousands of occasions. On behalf of their clients, ELPC attorneys are seeking a determination of liability and that remedial actions be taken. The case was filed in April 2013 and remains active. North Dakota et al. v. Heydinger et al., No. 11-cv-3232 (U.S. District Court, District of Minnesota), on appeal, Nos. 14-2156, 14-2251 (U.S. Court of Appeals for the Eighth Circuit) North Dakota and other allied plaintiffs challenged the constitutionality of Minnesota's Next Generation Electricity Act ("NGEA"). On September 20, 2013, ELPC and other environmental groups filed an amicus curiae brief in support of the constitutionality of the NGEA. On April 18, 2014, the District Court judge entered an Opinion and Order holding that the NGEA is unconstitutional, in part, and granting summary judgment to the plaintiffs. The case was appealed to the Eighth Circuit. A three-judge panel voted to affirm the judgement below, but with three separate opinions and no single rationale gaining support from a panel majority. The State of Minnesota ultimately declined to seek rehearing or to petition for certiorari to the U.S. Supreme Court. CLEAN WATER United States et al. v. Metropolitan Water Reclamation District of Greater Chicago, No. 14-1776 (United States Court of Appeals for the Seventh Circuit) On December 14, 2011, the United States Environmental Protection Agency ("U.S. EPA"), the State of Illinois, and the Metropolitan Water Reclamation District of Greater Chicago lodged a Consent Decree with the United States District Court for the Northern District of Illinois related to MWRD's combined sewer overflows. ELPC and four other public interest environmental groups filed a motion to intervene in the case. After reviewing public comments, the United States moved to enter the Consent Decree on June 7, 2013. ELPC and other environmental groups appealed the District Court's entry of the consent decree. Briefing took place from June 2014 to January 2015, and oral argument was held on February 12, 2015. An Opinion was issued by the 7th Circuit on July 9, 2015, thus ending this litigation. Gulf Restoration Network et al v. McCarthy, No. 13-31214 (United States Court of Appeals for the Fifth Circuit) ELPC attorneys are challenging the U.S. EPA's denial of a rulemaking petition requesting that the Agency set numeric water quality standards for nitrogen and phosphorus for states in the Mississippi River Basin. The District Court granted plaintiffs' motion for summary judgment requiring U.S. EPA to render a "determination" whether federal nutrient criteria were necessary to meet the requirements of the Clean Water Act. The U.S. EPA appealed, arguing that the decision was vested to the Agency's unreviewable discretion. On April 7, 2015, the U.S. Court of Appeals for the Fifth Circuit vacated the order of the district court and remanded the case for further proceedings in the district court. The case is pending before the District Court. Sierra Club v. Indiana Department of Environmental Management, Indiana Office of Environmental Adjudication, and Peabody Midwest Mining, LLC, Cause No. 49F12-1310-MI-17360 (Marion County Superior Court, Environmental Division, Court No. F12) ELPC attorneys filed this petition for review on behalf of two citizens groups challenging the Indiana Department of Environmental Management's issuance of a National Pollutant Discharge Elimination System ("NPDES") permit to the Bear Run Mine. The petition, filed June 30, 2010, alleged that the Indiana Department of Environmental Management failed to comply with various state and federal water quality standards when it issued the permit. The administrative law judge issued a decision on September 11, 2013, which ELPC attorneys appealed to the Indiana Office of Environmental Adjudication. A decision was issued on September 23, 2015, and the matter was not appealed further. |
| Form 990, Additional Disclosure Continued: | Prairie Rivers Network, Natural Resources Defense Council, Sierra Club, Environmental Law & Policy Center, Friends of Chicago River, and Gulf Restoration Network v. Illinois Environmental Protection Agency and Metropolitan Water Reclamation District of Greater Chicago (O'Brien Plant, Permit No. 28088), PCB 14-106 (Illinois Pollution Control Board); Prairie Rivers Network, Natural Resources Defense Council, Sierra Club, Environmental Law & Policy Center, Friends of Chicago River, and Gulf Restoration Network v. Illinois Environmental Protection Agency and Metropolitan Water Reclamation District of Greater Chicago (Calumet Plant, Permit No. 28061), PCB 14-107 (Illinois Pollution Control Board); and Prairie Rivers Network, Natural Resources Defense Council, Sierra Club, Environmental Law & Policy Center, Friends of Chicago River, and Gulf Restoration Network v. Illinois Environmental Protection Agency and Metropolitan Water Reclamation District of Greater Chicago (Stickney Plant, Permit No. 28053), PCB 14-108 (Illinois Pollution Control Board) ELPC and other petitioners initiated these third-party appeals of three NPDES permits issued to the Metropolitan Water Reclamation District of Greater Chicago ("MWRD") for operation of three of its water reclamation plants. Separate petitions to the Illinois Pollution Control Board were filed on January 27, 2014, alleging similar deficiencies in each of the three permits issued by the Illinois Environmental Protection Agency. The cases were consolidated on March 6, 2014 and briefed between July and October 2014. The Board issued its decision granting summary judgment in favor of Respondents on December 18, 2014. The case was subsequently appealed to the Illinois Appellate Court. Summary judgment was approved by the Appellate Court on February 26, 2016, remanding the matter back to the Illinois Pollution Control Board for further proceedings. Prairie Rivers Network, Natural Resources Defense Council, Sierra Club, Environmental Law & Policy Center, Friends of Chicago River, and Gulf Restoration Network v. Illinois Pollution Control Board, Illinois Environmental Protection Agency and Metropolitan Water Reclamation District of Greater Chicago, Cause No. 1-15-0971 (In the Appellate Court of Illinois for the First Judicial District) In response to Illinois Pollution Control Board's grant of summary judgment in favor the MWRD and Illinois Environmental Protection Agency in ELPC's challenge of NPDES permits issued to MWRD for the operation of three of its water reclamation plants, ELPC and our colleagues filed an appeal with the Illinois Appellate Court, First District on April 10, 2015. Briefing concluded on November 20, 2015, and summary judgment was approved by the Court on February 26, 2016. The case is now remanded to the Illinois Pollution Control Board for further proceedings. People of the State of Illinois v. Freeman United Coal Mining Co. LLC, and Springfield Coal Co. LLC, PCB 2010-061 (Illinois Pollution Control Board) ELPC attorneys represent two citizen groups in a case to enforce penalties for several hundred NPDES permit violations at a coalmine in central Illinois. ELPC sent a notice of intent to sue the coal mine operators under the citizen suit provisions of the Clean Water Act, which prompted the Illinois Attorney General to file an enforcement action before the Illinois Pollution Control Board prior to the expiration of the notice period. ELPC attorneys represent the citizen groups who moved to intervene in the State's case in February 2010 and were granted leave to intervene in April 2010. ELPC's clients prevailed on summary judgment for liability in November 2012. Settlement discussions are ongoing regarding associated penalties. Prairie Rivers Network and Sierra Club v. Illinois Environmental Protection Agency and Springfield Coal Co. LLC, PCB 13-67 (Illinois Pollution Control Board) ELPC attorneys represent two citizen groups in a third-party appeal of an NPDES permit renewal issued to the Industry Mine. The petition was filed on May 31, 2013 before the Illinois Pollution Control Board, alleging that the Illinois Environmental Protection Agency failed to comply with various state and federal water quality standards when it issued the permit. The case has been stayed pending the resolution of the enforcement case in IPCB 10-61. Sierra Club, Environmental Law & Policy Center, Prairie Rivers Network and Citizens Against Ruining the Environment vs. Midwest Generation, LLC, PCB 2013-015 (Illinois Pollution Control Board) In October 2012, ELPC attorneys, on behalf of ELPC, Prairie Rivers Network and the Sierra Club, filed an administrative enforcement action before the Illinois Pollution Control Board alleging hundreds of violations of Illinois groundwater and opening dumping standards as a result of contamination from coal ash from four Midwest Generation coal plants. The suit remains pending before the Board. Sierra Club and Hoosier Environmental Council v. Indiana Department of Environmental Management and Liberty Mine, LLC, Cause No. 15-W-J-4850 (Indiana Office of Environmental Adjudication) On December 11, 2015, Sierra Club and Hoosier Environmental Council filed a petition for administrative review of Indiana Department of Environmental Management's (IDEM's) issuance of a Clean Water Act Section 401 Certification that the activities proposed by Liberty Mine, LLC will comply with state water quality standards. Petitioners claim that IDEM did not comply with applicable regulations in issuing this certification. On March 21, 2016, ELPC appeared as counsel in this proceeding. The parties are currently engaged in discovery. Sierra Club, Natural Resources Defense Council, Prairie Rivers Network and Environmental Law & Policy Center v. Illinois Environmental Protection Agency and Midwest Generation, LLC, PCB 15-189 (Illinois Pollution Control Board) ELPC attorneys represent citizen groups in a third-party appeal of an NPDES permit renewal issued to the Waukegan Generating Station operated by Midwest Generation. The petition was filed on April 29, 2015, before the Illinois Pollution Control Board, alleging that the Illinois Environmental Protection Agency failed to comply with various state and federal water quality standards when it issued the permit. After briefing, the Board granted Petitioners' Motion for Summary Judgment regarding several issues on April 7, 2016, but reserved final judgment until facts can be further developed in subsequent proceedings. Iowa Environmental Council v. Iowa Department of Natural Resources, CVCV 50224 (Polk County Iowa District Court) On July 23, 2015, ELPC attorneys filed a petition on behalf of the Iowa Environmental Council for judicial review of the Iowa Department of Natural Resources' (DNR) approval of an antidegradation alternatives analysis for a planned wastewater treatment plant expansion for the City of Clarion, Iowa. The petition argued that the antidegradation alternatives analysis approved by DNR did not comply with antidegradation rules that have been incorporated into Iowa law and did not properly consider environmental benefits of less polluting alternatives. After briefing on the record and a hearing, the Court ruled in favor of the Iowa Environmental Council on March 17, 2016. Board of Water Works Trustees v. Sac Count Board of Supervisors et al, No 16-0076 (Iowa Supreme Court) On February 16, 2016, ELPC filed an amicus curiae brief on the questions certified to the Iowa Supreme Court in the Board of Water Works Trustees. ELPC addressed the public health crisis as a result of significant water pollution and argued that the presumption of public benefit underlying immunity for drainage districts under state law should be a rebuttable, and Des Moines Water Works should have the opportunity to do so in this case. ENERGY FEDERAL ENERGY REGULATORY COMMISSION CASES ELPC intervenes frequently in proceedings before the Federal Energy Regulatory Commission ("FERC") regarding transmission, reliability must-run, and wholesale market structure issues. In FY 2016, ELPC attorneys worked on the following cases: -Midcontinent Independent System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii): 07-11-2013 SA 6502 Ameren-MISO SSR Agreement; FERC Docket ER13-1962-000. -Formal Complaint of FirstEnergy Service Company; FERC Docket EL14-55. -Midcontinent Independent System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii): 2014-01-31_SA 6506 Presque Isle SSR Agreement; FERC Docket ER14-1242. -Public Service Commission of Wisconsin Formal Complaint; FERC Docket EL14-34. -Electric Power Supply Association et al. v. AEP Generation Resources, Inc. and Ohio Power Company, FERC Docket EL 16-33. -Electric Power Supply Association et al. v. FirstEnergy Solutions Corp. et al., FERC Docket EL 16-34. |
| Form 990, Additional Disclosure Continued: | STATE COURT ENERGY CASES Supreme Court of Ohio: Environmental Law & Policy Center v. Public Utilities Commission of Ohio, No. 2013-0513 (Supreme Court of Ohio) ELPC appealed a Public Utilities Commission of Ohio ("PUCO") decision approving FirstEnergy's electric security plan, asserting that the decision was unlawful because FirstEnergy did not follow PUCO rules in filing a completed application and testimony supporting the application. The Supreme Court denied ELPC's appeal on May 18, 2016, concluding that any error did not cause prejudice to ELPC. In the Matter of the Application of Champaign Wind, LLC, for a Certificate to Construct a Wind-Powered Electric Generating Facility in Champaign, Count, Ohio, No. 2013-1874 (Supreme Court of Ohio) ELPC, along with other environmental organizations, filed an amicus curiae brief in support of the Ohio Power Siting Board's decision to approve the siting of the wind farm. ELPC argued that Ohio's renewable portfolio standard did not violate the "dormant" Commerce Clause. On April 13, 2016, the Ohio Supreme Court issued an opinion upholding the Board's decision on other grounds and declining to rule on the dormant Commerce Clause issue. In the Matter of the Adoption of Rules for Alternative and Renewable Energy Technology, Resources, and Climate Regulations, and Review of Chapters 4901:5-1, 4901:5-5, and 4901:5-7 of the Ohio Administrative Code, Pursuant to Amended Substitute Senate Bill No. 221. Case No. 2013-1472 (Supreme Court of Ohio) ELPC filed a brief in support of rules regarding accounting for savings from utility energy efficiency programs issued by the Public Utilities Commission of Ohio. The Ohio Supreme Court has not yet set a date for oral argument or ruled on the case. In the Matter of the Review of the Alternative Energy Rider Contained in the Tariffs of Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company; Case No. 2013-2026 ELPC appealed a decision by the Public Utilities Commission of Ohio granting trade secret protection to information regarding FirstEnergy purchases of renewable energy credits. The Ohio Supreme Court has not yet set a date for oral argument or ruled on the case. STATE PUBLIC UTILITIES COMMISSION CASES ELPC intervenes in state public utilities regulatory commission proceedings regarding electric and natural gas utility rate regulation, renewable energy and energy efficiency issues, and terms of service. ELPC works in these cases to improve energy efficiency and renewable energy policies and programs at the state level. In FY 2016, ELPC attorneys worked on the following cases: Illinois Commerce Commission -The Citizens Utility Board and he Environmental Law and Policy Center Petition to Initiate Rulemaking with Notice and Comment for Approval of Certain Amendments to Illinois Administrative Code Part 466 Concerning Interconnection Standards for Distributed Generation; Docket No. 14-0135 -Application for an Order Granting Grain Belt Express Clean Line LLC a Certificate of Public Convenience and Necessity pursuant to Section 8-406.1 of the Public Utilities Act to Construct, Operate and Maintain a High Voltage Electric Service Transmission Line and to Conduct a Transmission Public Utility Business in connection therewith and authorizing Grain Belt Express Clean Line Pursuant to Section 8-503 and 8-406.1(i) of the Public Utilities Act to Construct the High Voltage Electric Transmission Line; Docket No 15-0277. Case was appealed to the Illinois Court of Appeals and is awaiting decision. -Amendment of 83 Ill. Adm. Code 465; Docket 15-0273; Net metering rulemaking - ELPC intervened and filed comments regarding the proposed net metering rules -Amendment of 83 Ill. Adm. Code 412 and 83 Ill. Adm. Code 453; Docket 15-0512 - ELPC intervened, filed comments and served discovery regarding proposed amendments to Adm. Code 412.190, which regulates marketing for renewable energy electricity products. Iowa Utilities Board -In re: Interstate Power & Light Company; Docket No. TF-2014-0546 - the ELPC filed to highlight concerns with the methodology of Interstate Power & Light Company's PURPA avoided cost tariff filing. The Board never ruled in this docket, and Interstate filed to withdraw this tariff when it filed its most recent tariff. -Distributed Generation Inquiry; Docket No. NOI-2014-0001 - the ELPC participated to defend net metering and promote other policies to support solar and distributed generation. -In Re: Pella Electric Cooperative Association, Docket No. TF-2015-0305 - On August 4, 2015, ELPC intervened and filed an objection to Pella Electric's proposed $85 charge on renewable energy facilities on behalf of ELPC, Iowa Environmental Council, Iowa Solar Energy Trade Association, Iowa Interfaith Power and Light, Solar Energy Industries Association, Vote Solar and two Pella Electric members. Pella Electric withdrew its proposed tariff on August 27, 2015, and the Board accepted the withdrawal on September 1, 2015. -Eagle Point Solar, LLC v. Interstate Power and Light Company, Docket No. FCU-2015-0009 - On July 29, 2015, ELPC filed a petition to intervene on behalf of itself, the Iowa Environmental Council, Iowa Solar Energy Trade Association, Iowa Interfaith Power and Light, Solar Energy Industries Association, and Winnesheik Energy District. The case raised three issues: 1) whether net metering was allowed for third party financed systems, 2) whether Interstate's tariff excluding large general service customers from net metering was consistent with Iowa law; and 3) whether Interstate's tariff change requiring a year of energy usage below a kWh threshold was discriminatory. Our intervention focused on issues one and two. After the intervention, Interstate conceded that a 2014 Iowa Supreme Court case made clear third-party financing was legal in Iowa and net metering like other rules applied. -In re: Interstate Power & Light Company; Docket No. EPB-2014-0150 - ELPC intervened in Interstate Power & Light Company's Emission Plan and Budget docket to advocate for the most effective compliance with environmental regulations including the Clean Power Plan. ELPC has participated in discovery. On January 16, 2015, the parties filed a joint settlement agreement, which the Board approved on March 23, 2015. The parties are continuing implementation of the settlement. -In re: MidAmerican Energy Company; Docket No. EPB-2014-156 - ELPC intervened in MidAmerican Energy Company's Emission Plan and Budget docket to advocate for the most effective compliance with environmental regulations including the Clean Power Plan. ELPC has participated in discovery. On January 8, 2015, the parties filed a joint settlement agreement, which the Board approved on March 12, 2015. The parties are continuing implementation of the settlement. -In re: Interstate Power & Light Company; Docket No. EPB-2016-0150 - ELPC intervened in Interstate Power & Light Company's Emission Plan and Budget docket to advocate for the most effective compliance with environmental regulations including the Clean Power Plan. ELPC has engaged in discovery and in settlement discussions. -In re: MidAmerican Energy Company; Docket No. EPB-2016-156 - ELPC intervened in MidAmerican Energy Company's Emission Plan and Budget docket to advocate for the most effective compliance with environmental regulations including the Clean Power Plan. ELPC has engaged in discovery and in settlement discussions. -Application of MidAmerican Energy Company for a Determination of Ratemaking Principles RPU-2015-0002 - On May 13, 2015, ELPC filed an intervention on behalf of itself and the Iowa Environmental Council to support MidAmerican's Wind X project. ELPC engaged in discovery, filed direct testimony and participated in settlement discussions. The Board approved the settlement with modifications on August 21, 2015. -Application of MidAmerican Energy Company for a Determination of Ratemaking Principles RPU-2016-0001 - On May 2, 2016, ELPC filed an intervention on behalf of itself and the Iowa Environmental Council to support MidAmerican's Wind XI project. ELPC engaged in discovery, filed direct testimony, and participated in settlement discussions. Michigan Public Service Commission -In the matter of the application of Consumers Energy Company for authority to amend its renewable energy plan, Docket U-17752 -In the matter of the Commission's own motion regarding the regulatory reviews, revisions, determinations, and/or approvals necessary for CONSUMERS ENERGY COMPANY to fully comply with Public Acts 295 of 2008; Docket U-17792 -In the matter of the application of CONSUMERS ENERGY COMPANY for ex parte approval of a solar distributed generation pilot program; Docket U-17875 |
| Form 990, Additional Disclosure Continued: | -In the matter of the application of DTE ELECTRIC COMPANY for authority to increase its rates, amend its rate schedules and rules governing the distribution and supply of electric energy, and for miscellaneous accounting authority; Docket U-17767 -In the matter of the Application CONSUMERS ENERGY COMPANY for Authority to increase its rates for the generation and distribution of electricity and for other relief; Docket U-17990 Minnesota Public Utilities Commission -In the Matter of Xcel Energy's Plan for a Community Solar Garden Program Pursuant to Minn. Stat. 216B.1641; Docket Number: E002/M-13-867 -In the Matter of the Further Investigation into Environmental and Socioeconomic Costs Under Minn. Stat. 216B.2422, subd. 3; Docket Number: E999/CI-14-643 -In the Matter of a Commission Inquiry into Fees Charged on Qualifying Facilities; Docket Number: E999/CI-15-755 Public Utilities Commission of Ohio -In the Matter of Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company for Authority to Provide for a Standard Service Offer Pursuant to Section 4928.13, Revised Code, in the Form of an Electric Security Plan; PUCO Case No. 12-1230-EL-SSO. In this case, the PUCO approved an Electric Security Plan proposed by FirstEnergy. ELPC filed an appeal of this case before the Ohio Supreme Court, which was denied by the Court on May 18, 2016, in Case No. 2013-0513. -In the Matter of the Application of The Cleveland Electric Illuminating Company, Ohio Edison Company, and the Toledo Edison Company for Approval of their Energy Efficiency and Peak Demand Reduction Program Plans for 2013 through 2015; PUCO Case Nos. 12-2190-EL-POR, 12-2191-EL-POR, 12-2192-EL-POR. ELPC filed comments in opposition to an application by FirstEnergy to suspend most of its energy efficiency programs pursuant to Senate Bill 310. The PUCO granted FirstEnergy's application, and the docket remains open while FirstEnergy administers its remaining programs. -In the Matter of the Application of Duke Energy Ohio, Inc., for Approval of its Energy Efficiency and Peak Demand Reduction Portfolio Programs; PUCO Case No. 13-0431-EL-POR. ELPC participated in Duke's proceeding for approval of its portfolio of energy efficiency programs. The portfolio was approved and the docket remains open while Duke administers its programs. -In the Matter of the Application of the Dayton Power and Light Company for Approval of its Energy Efficiency and Peak Demand Reduction Program Portfolio Plan for 2013 through 2015; PUCO Case Nos. 13-0833-EL-POR, 13-0837-EL-WVR. ELPC participated in Dayton Power & Light's proceeding for approval of its portfolio of energy efficiency programs. The portfolio was approved and the docket remains open while Dayton Power & Light administers its programs. -In the Matter of the Review of the Alternative Energy Rider Contained in the Tariffs of Ohio Edison Company, the Cleveland Electric Illuminating Company, and the Toledo Edison Company; PUCO Case No. 11-5201-EL-RDR. In this case the PUCO reviewed renewable energy credit procurements by FirstEnergy. ELPC has a pending appeal of this case before the Ohio Supreme Court, Case No. 2013-2026. -In the Matter of the Commission's Investigation of Ohio's Retail Electric Service Market; PUCO Case No. 12-3151-EL-COI. This is a docket opened by the PUCO to investigate potential improvements to Ohio's competitive retail electricity market, in which ELPC offered comments. The final order in the case was issued in May 2014, but the docket remains open during implementation of certain aspects of the order. -In the Matter of the Ohio Power Siting Board's Review of Chapters 4906-1, 4906-5, 4906-7, 4906-11, 4906-13, 4906-15, and 4906-17 of the Ohio Administrative Code. Ohio Power Siting Board Case No. 12-1981. Rulemaking docket seeking stakeholder input on potential revisions to Ohio Power Siting Board rules for approval of transmission projects, as well as siting of wind projects in the wake of amendments to state law requiring setbacks for wind turbines. ELPC offered comments regarding the transmission siting rules, which were incorporated in part in an OPSB order issued in February 2014. The Board finalized adoption of the relevant portions of the rules in a November 2015 order and closed the docket in February 2016. -In the Matter of the Commission's Review of its Rules for Energy Efficiency Programs Contained in Chapter 4901:1-39 of the Ohio Administrative Code; PUCO Case No. 13-0651. Rulemaking docket seeking stakeholder input on PUCO rules regarding utility energy efficiency programs and renewable energy requirements. The case is still pending in light of intervening revisions to Ohio's energy efficiency and renewable energy laws. -In the Matter of the Annual Verification of the Energy Efficiency and Peak Demand Reductions Achieved by the Electric Distribution Utilities Pursuant to R.C. 4928.66; PUCO Case No. 13-1027. Docket regarding the report of the PUCO's independent evaluator on the 2011 Ohio utility energy efficiency programs. The PUCO has not yet issued an order approving the report. -In the Matter of the Energy Efficiency and Peak Demand Reduction Program Portfolio Status Report of Ohio Edison Company, The Cleveland Electric Illuminating Company and the Toledo Edison Company; PUCO Case No. 13-1185, 13-1186, 13-1187. Docket for the filing of FirstEnergy's annual report on its 2012 energy efficiency programs. There has not been any final order in the case. -In the Matter of the Application of Ohio Power Company to Initiate Phase 2 of its gridSMART Project and to Establish the gridSMART Phase 2 Rider; PUCO Case No. 13-1939. AEP application to continue deployment of smart grid technology in its service territory. ELPC submitted comments encouraging the implementation of cost-effective technologies such as Volt/VAR and expanded reporting by AEP on the results of its efforts. An evidentiary hearing regarding approval of the stipulation is now scheduled to begin August 1, 2016. -In the Matter of the Application of Ohio Power Company for Authority to Establish a Standard Service Offer Pursuant to 4928.143, Revised Code, in the Form of an Electric Security Plan; PUCO Case No. 13-2385; In the Matter of the Application of Ohio Power Company for Approval of Certain Accounting Authority; PUCO Case No. 13-2386. AEP application for an Electric Security Plan for 2015-2018. ELPC participated at hearing and submitted post-hearing briefing opposing PUCO approval of a power purchase agreement that would require customers to bear the costs of AEP's ownership stake in two Ohio Valley Electric Corporation coal plants. The PUCO rejected that portion of AEP's proposal in a February 25, 2015 order, but approved a placeholder rider allowing for such power purchase agreements to be proposed in the future. That decision is currently pending rehearing. Meanwhile, on April 13, 2016, AEP filed an application to extend the term of the approved ESP and modify certain terms in accordance with an approved stipulation in Case No. 14-1693. No schedule has been set for consideration of that application. -In the matter of the application of Duke Energy Ohio, Inc. for Recovery of Program Costs, Lost Distribution Revenue and Performance Incentives Related to its Energy Efficiency and Demand Response Programs; PUCO Case No. 14-457. Duke filing seeking cost recovery related to its energy efficiency and demand reduction programs. ELPC sought late intervention after the PUCO issued a May 2015 order disapproving Duke's method of calculating shared savings incentive payments, providing our view of the agreed upon incentive mechanism without taking a position on the issue. Duke and PUCO staff filed a joint stipulation in January 2016. The PUCO has not yet issued an order regarding the stipulation. -PUCO Case No. 14-841; In the Matter of the Application of Duke Energy Ohio for or Authority to Amend its Certified Supplier Tariff, P.U.C.O. No. 20; PUCO Case No. 14-842. Duke application for an Electric Security Plan for 2015-2018. ELPC participated at hearing and submitted post-hearing briefing opposing PUCO approval of a power purchase agreement that would require customers to bear the costs of Duke's ownership stake in two Ohio Valley Electric Corporation coal plants. The PUCO rejected that portion of Duke's proposal in a February 25, 2015 decision, which is currently pending rehearing. |
| Form 990, Additional Disclosure Continued: | -In the Matter of the Amendment of Chapters 4901:1-10 and 4901:1-21, Ohio Administrative Code, Regarding Electric Companies and Competitive Retail Electric Service, to Implement 2014 Sub.S.B. No. 310; PUCO Case No. 14-1411. Rulemaking docket to implement 2014 law requiring utilities to disclose the costs of compliance with state energy efficiency and renewable portfolio standards. ELPC coordinated with other environmental groups to provide comments seeking a full disclosure of the costs and benefits of the standards. The PUCO issued an order in December 2014 that required the disclosure only of the costs of the standards, and denied an ELPC application for rehearing in August 2015. -In the Matter of the Application of Duke Energy Ohio, Inc. for Approval to Continue Cost Recovery Mechanism for Energy Efficiency Programs through 2016; PUCO Case No. 14-1580. Duke application pursuant to a prior stipulation to extend the shared savings cost recovery mechanism for its energy efficiency programs, set to expire at the end of 2015, through 2016. The PUCO held a hearing in July 2015 but has yet to issue an order in the case. -In the Matter of the Application of Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company for Authority to Provide for a Standard Service Offer Pursuant to R.C. 4928.143 in the Form of an Electric Security Plan; PUCO Case No. 14-1297. FirstEnergy application for approval of a 2016-2019 Electric Security Plan, including a proposal to purchase power at ratepayer expense from three coal plants and a nuclear plant owned by its unregulated generation affiliate. ELPC has participated as a party opposing the power purchase agreement and certain energy efficiency programs proposed by stipulation outside of the existing portfolio planning process. After the PUCO issued an order approving the stipulated plan in March 2016, FirstEnergy proposed certain modifications on rehearing in May 2016. A hearing on the modified proposal is scheduled for July 2016. -In the Matter of the Application Seeking Approval of Ohio Power Company's Proposal to Enter into an Affiliate Power Purchase Agreement for Inclusion in the Power Purchase Agreement Rider; PUCO Case No. 14-1693; In the Matter of the Application of Ohio Power Company for Approval of Certain Accounting Authority; PUCO Case No. 14-1694. AEP application for approval of an agreement to purchase power from a number of coal plant units owned by its unregulated generation affiliate in Ohio at ratepayer expense, with similar treatment for its ownership interest in two Ohio Valley Electric Corporation plants. ELPC intervened in the case to oppose the agreement. AEP, PUCO staff, and several parties filed a joint stipulation in December 2015. On March 31, 2016, the PUCO issued an order approving the stipulation with amendments, but AEP proposed certain modifications to the stipulation through rehearing briefing in May 2016. The PUCO has not yet acted on the proposed modifications. -In the Matter of the Joint Application of Ohio Power Company and Solvay Specialty Polymers for Approval of a Special Arrangement Agreement; PUCO Case No. 14-2296; In the Matter of the Joint Application of Ohio Power Company and Kraton Polymers U.S. LLC for Approval of a Special Arrangement Agreement; PUCO Case No. 14-2304. Related AEP filings seeking PUCO approval of incentive payments for two combined heat and power projects under AEP's energy efficiency portfolio plan. ELPC coordinated with other environmental groups to file comments supporting the application but seeking certain modifications. The PUCO approved the applications in November 2015. -In the Matter of the Commission's Review of Chapter 4901:1-10, Ohio Administrative Code, Regarding Electric Companies; PUCO Case No. 12-2050. PUCO rulemaking docket reviewing certain rules, including net metering rules. ELPC offered comments in the initial rulemaking process, which resulted in final rule supportive of distributed generation. However, the PUCO withdrew that rule before it took effect and in March 2015 reopened the docket to revisit the net metering provisions. In November 2015, the PUCO issued a new draft rule for comments preserving large portions of the original final rule. The PUCO has not yet issued a final rule. -In the Matter of the Application of The Dayton Power and Light Company for an Increase in Electric Distribution Rates; PUCO Case No. 15-1830; In the Matter of the Application of The Dayton Power and Light Company for Approval to Change Accounting Methods; PUCO Case No. 15-1831. DP&L distribution rate case application, including a proposal to increase the residential fixed customer charge. No schedule has yet been set for consideration of the application. -In the Matter of the Application of The Dayton Power and Light Company for Tariff Approval; PUCO Case No. 16-395; In the Matter of the Application of The Dayton Power and Light Company for Approval of Revised Tariffs; PUCO Case No. 16-396; In the Matter of the Application of The Dayton Power and Light Company for Approval of Certain Accounting Authority Pursuant to Ohio Rev. Code 4905.13; PUCO Case no. 16-397. DP&L application for approval of a 2017-2019 Electric Security Plan, including a proposal for a ratepayer subsidy for certain generation facilities owned by a DP&L affiliate. The PUCO has not yet set a procedural schedule for the case. -In the Matter of the Filing by Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company of a Grid Modernization Business Plan; Case No. 16-481. FirstEnergy grid modernization plan filing describing potential grid modernization initiatives for the PUCO's review and approval. ELPC has intervened and will participate to ensure the cost-effective implementation of grid modernization technologies to reduce energy consumption and produce corresponding environmental benefits. -In the Matter of the Application of Duke Energy Ohio, Inc., for Approval of its Energy Efficiency and Peak Demand Reduction Portfolio of Programs; PUCO Case No. 16-576. Duke application for approval of its portfolio of energy efficiency programs for 2017-2019. ELPC has intervened and will participate in advocating for robust, cost-effective energy efficiency programs. -In the Matter of the Application of The Dayton Power and Light Company for Approval of Its Energy Efficiency and Peak Demand Reduction Program Portfolio Plan; PUCO Case No. 16-649. DP&L application for approval of its portfolio of energy efficiency programs for 2017-2019. ELPC has intervened and will participate in advocating for robust, cost-effective energy efficiency programs. -In the Matter of the Application of Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company For Approval of Their Energy Efficiency and Peak Demand Reduction Program Portfolio Plans; PUCO Case No. 16-743. FirstEnergy application for approval of its portfolio of energy efficiency programs for 2017-2019. ELPC has intervened and will participate in advocating for robust, cost-effective energy efficiency programs. The PUCO has scheduled an evidentiary hearing in this case for October 11, 2016. -In the Matter of the 2015 Application for the Energy Efficiency and Peak Demand Reduction Portfolio Status Report of the Ohio Edison Company; PUCO Case No. 16-941; In the Matter of the 2015 Application for the Energy Efficiency and Peak Demand Reduction Portfolio Status Report of the Cleveland Electric Illuminating Company; PUCO Case No. 16-942; In the Matter of the 2015 Application for the Energy Efficiency and Peak Demand Reduction Portfolio Status Report of the Toledo Edison Company; PUCO Case No. 16-943. FirstEnergy's annual report on its 2015 energy efficiency programs and shared savings claim. ELPC submitted comments regarding the report in June 2016 regarding the legal and factual basis for FirstEnergy's claimed shared savings incentive payment. |
| Form 990, Additional Disclosure Continued: | Public Service Commission of Wisconsin -Joint Application of American Transmission Company LLC and Northern States Power Company-Wisconsin, as Electric Public Utilities, for Authority to Construct and Operate a New Badger-Coulee 345 kV Transmission Line from the La Crosse Area, in La Crosse County, to the Greater Madison Area in Dane County, Wisconsin; PSCW Docket No. 5-CE-142 TRANSPORTATION Openlands, et al. v. U.S. Department of Transportation, et al., No. 1:13-cv-04950 (United States District Court for the Northern District of Illinois) ELPC attorneys represent three environmental organizations in a lawsuit against the United States Department of Transportation and related agencies and officials involving the proposed Illiana Corridor highway project in northern Illinois and Indiana. Plaintiffs filed their complaint on July 10, 2013, alleging that the Defendants violated the National Environmental Protection Act by approving the Tier 1 Final Environmental Impact Statement ("FEIS") and Record of Decision ("ROD"). On June 16, 2015, the District Court granted Plaintiffs' Motion for Summary Judgment and declared that the Defendants violated the National Environmental Policy Act in approving its FEIS and ROD. The Court remanded the Tier 1 FEIS and ROD to the agencies for proceedings consistent with the judgment. The defendants appealed to the United States Court of Appeals for the Seventh Circuit, but voluntarily withdrew their appeal in September 2015. ELPC requested attorneys' fees and costs pursuant to the Equal Access to Justice Act. ELPC and the Department of Justice reached settlement on the issue of attorney fees and costs, and ELPC received $45,423.10. Openlands, et al. v. U.S. Department of Transportation, et al., No. 1:15-cv-04529 (United States District Court for the Northern District of Illinois) ELPC attorneys represent three environmental organizations in a lawsuit against the United States Department of Transportation and related agencies and officials involving the proposed Illiana Corridor highway project in northern Illinois and Indiana. Plaintiffs filed their complaint on May 21, 2015, alleging that the Defendants violated the National Environmental Protection Act ("NEPA") by approving the Tier 2 Final Environmental Impact Statement ("FEIS") and Record of Decision ("ROD"). Plaintiffs request that the Court declare the Defendants in violation of NEPA, reverse the FEIS and ROD, and enjoin the Defendants from using the FEIS and ROD in further proceedings. Plaintiffs filed a Motion for Status Hearing on October 2, 2015, and Defendants filed a Joint Motion to Stay Proceedings on October 9, 2015; the parties briefed these motions. On February 29, 2016, Plaintiffs filed a Motion for Decision or, in the Alternative, Request for Status Update. On May 3, 2016, the Court granted Defendants' Joint Motion for a Stay, denied Plaintiffs' Motion as moot, and requested briefing on the issues of preclusion and ripeness. Briefing on these issues concluded on June 24, 2016. The parties are waiting for the Court to rule. Openlands et al. v. U.S. Department of Transportation et al., Case Nos. 15-2724, 15-2725, 15-2726 (United States Court of Appeals for the Seventh Circuit) This was a case combining the appeals of the decision in Openlands, et al. v. U.S. DOT et al., No. 1:13-cv-04950 (N.D. Ill. 2015) by Defendants Illinois Department of Transportation, Indiana Department of Transportation, and the Federal Highway Administration. Openlands, et al. v, Illinois Department of Transportation, et al., No. 2014-CH-06630 (Circuit Court of Cook County); No. 1:14-cv-03912 (United States District Court, Northern District of Illinois) ELPC attorneys represent two environmental organizations in a lawsuit against the Illinois Department of Transportation (IDOT) and two regional transportation planning agencies involving the proposed Illiana Corridor highway project in northern Illinois and Indiana. Plaintiffs filed their complaint on April 17, 2014, alleging that Defendants violated the Illinois Regional Planning Act (RPA) by carrying forward the project without prior approval by the Chicago Metropolitan Agency for Planning. Plaintiffs request that the court declare the Defendants in violation of the RPA and enjoin IDOT from continuing to spend public funds on the proposed highway project. ELPC filed a Motion for Summary Judgment on August 18, 2014. ELPC filed an Amended Motion for Summary Judgment on April 10, 2015. The judge allowed written and oral discovery, which concluded on March 31, 2016. Briefing concluded on June 27, 2016. Department of Transportation, et al. v. Association of American Railroads, United State Supreme Court, No. 13-1080, USDOT v. Assn. of Amer. Railroads, 2015 U.S. Lexis 1713 (U.S. March 9, 2015) In August 2014, the Solicitor General of the United States, on behalf of the Department of Transportation, sought Supreme Court review of the July 2, 2013 decision by the District Court of Appeals for the District of Columbia, vacating Section 207 of the Passenger Rail Investment and Improvement Act of 2008, ("PRIIA"), 49 U.S.C. 24101, as unconstitutional. Section 207 of PRIIA involves metrics and standards of performance for passenger rail service promulgated by the Federal Railroad Administration. The Association of American Railroads brought the case against the United States Department of Transportation challenging the validity of those standards. In August 2014, attorneys representing ELPC, the National Association of Railroad Passengers, All Aboard Ohio and Virginians for High Speed Rail filed an amicus brief in the case supporting the constitutionality of Section 207. On March 9, 2015, the Supreme Court unanimously vacated the lower court decision finding that Section 207 was constitutional and remanded it back to the court of appeals for further proceedings. |
| Form 990, Part VI, Section A, line 6 | ELPC shall have one class of members. The Board of Directors may, from time to time, designate different subclasses such as "Sustaining," "Sponsoring," "Participating, and similar such classes. |
| Form 990, Part VI, Section B, line 11 | ELPC's Deputy Director was closely involved in the preparation of Form 990. Form 990 was reviewed by the Executive Director and the Treasurer and it was distributed to the entire Board of Directors prior to its filing. |
| Form 990, Part VI, Section B, line 12c | ELPC annually distributes the conflict of interest statement to its directors to ensure that they are aware of its requirements. In the course of meetings and activities involving ELPC, any board member or staff member will disclose any interests in a transaction or decision where he/she has a material interest in the outcome or where his/her other affiliations might impair his/her ability to act solely in the best interests of ELPC. Attorneys are also expected to follow the rules of professional conduct provided by American Bar Association concerning conflicts of interest. A board member will not be permitted to vote on any matter on which he/she has a material interest. The executive director shall decide to what extent, if any, a staff member may participate in an activity in which he/she has a material interest. |
| Form 990, Part VI, Section B, line 15a | The Executive Director's compensation is determined by the Executive Committee of the Board of Directors based on an annual performance appraisal and benchmarking against salaries of executive directors of comparable nonprofit organizations. |
| Form 990, Part VI, Section C, line 19 | The governing documents and financial statements are available upon request for the same period of disclosure as set forth in IRC Section 6104(d). |
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