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Embattled power line company catches a break at Illinois Supreme Court (Updated)

Friday, Jan 23, 2026 - Posted by Rich Miller

* Last July

The U.S. Department of Energy announced Wednesday it was cancelling a conditional $4.9 billion loan for the Grain Belt Express, a planned transmission line designed to transport electricity generated by wind farms in Kansas across four states, including Missouri.

The loan, which was issued by the Biden administration in November 2024, is being cancelled because “it is not critical for the federal government to have a role in supporting this project,” the department said in a news release announcing the decision.

What this means for the future of the project is unclear, though a spokesman for the company behind the transmission line, Illinois-based Invergy, sounded a positive tone.

“America is energy dominant and an AI powerhouse, and Grain Belt Express will be America’s largest power pipeline,” Martin Grego, the project’s spokesman, said in an emailed statement, adding that while the company is disappointed in the decision of the energy department, “a privately financed Grain Belt Express transmission superhighway will advance President Trump’s agenda of American energy and technology dominance while delivering billions of dollars in energy cost savings, strengthening grid reliability and resiliency, and creating thousands of American jobs.”

Missouri US Sen. Josh Hawley took credit for the funding cancellation.

Chicago’s Invenergy is the company behind the project.

But

The Grain Belt Express is an approximately 800-mile high-voltage direct current transmission line that would take wind power generated in Southwest Kansas to Missouri and Illinois, ending at the Indiana border.

Jim Zakoura, an attorney who specializes in power issues, said the company behind the Grain Belt Express — Invenergy — appears to be moving forward with the approximately $12 billion project utilizing private financing.

President Trump has, of course, made it abundantly clear that he despises windmills.

* Also from last July

An 804-mile-long transmission line in the Midwest appeared to be finally ready for construction after more than a decade of delays.

Known as Grain Belt Express, the $11 billion line would carry electricity produced by wind farms in Kansas across Missouri and Illinois all the way to Indiana, making it the very sort of infrastructure that experts say is needed to modernize America’s aging electrical grid.

But on Tuesday, the Missouri attorney general, Andrew Bailey, a Republican, opened an investigation into Grain Belt Express and requested that the state’s Public Service Commission reconsider its approval.

* The Illinois Farm Bureau has been trying to stop the project here. From FarmWeek this past November as the case moved to the Illinois Supreme Court

Last year, the Fifth District Appellate Court reversed the Illinois Commerce Commission’s (ICC) granting of a Certificate of Public Convenience and Necessity (CPCN) to GBX. The order followed an appeal of the ICC order filed by Illinois Farm Bureau and landowner groups. The court ruled GBX failed to prove the required criteria that it is capable of financing the project.

At the crux of the Illinois Supreme Court arguments is interpretation of “capable of financing.”

“The reason we’re here is because a shell company wants to build a transmission overpass to Indiana with no service to Illinois customers,” Chuck Davis, the attorney representing IFB, said during oral arguments Nov. 12. “This case is about a quest for power — not electrical power, but governmental power.”

“The commission has granted a private company, GBX, the legal fast track to take land from Illinois citizens, not because it proved necessity or public use, not because it demonstrated financial readiness, but because it promised it might be able to finance it someday, on very scant evidence.”

WAND’s report on the Supreme Court hearing

“There is plenty of evidence that there [are] years of building these sorts of projects—4,000 miles, $47 billion in projects,” said Grain Belt Express Attorney Adam Vaught. “This isn’t just somebody saying I have a rich grandpa and I’d like to get into the energy business. This is what they do.” […]

“The reason we’re here is because a shell company wants to build a transmission overpass to Indiana with no service to Illinois customers,” said Illinois Farm Bureau Attorney Chuck Davis. “This case is about a quest for power—not electrical power, but governmental power.”

State lawmakers addressed some of this concern by allowing non-utility companies to receive certificates for projects under the 2021 Climate and Equitable Jobs Act. Still, the Illinois Farm Bureau said farmers want energy for public use from responsible actors that comply with state and federal laws.

“Yes, the developer is not going to be putting up its own assets as collateral, but we did have testimony that they have billions of dollars in assets,” said Illinois Commerce Commission Attorney Christopher Turner. “They’ve already provided $60 million in funding for this project and will continue to provide it into the future. That was sufficient evidence.”

* The Illinois Supreme Court issued its opinion today

When we review an administrative decision, we look at the final judgment of the administrative agency and not the appellate court judgment. The Act provides that ICC’s factual findings “shall be held prima facie to be true” and its orders and decisions “shall be held to be prima facie reasonable.” . A court will reverse an ICC order when the ICC’s findings are “ ‘not supported by substantial evidence based on the entire record of evidence.’ ” Courts are not bound by the ICC’s rulings on questions of law. Rather, we review an agency’s interpretation of an unambiguous statute de novo. […]

The ICC therefore correctly rejected Concerned Citizens’ narrow interpretation that GBX was required to establish it could finance the project “at present.” […]

The ICC’s correct interpretation of the plain and unambiguous language, “is capable of financing the proposed construction without significant adverse financial consequences for the utility or its customers,” not only aligns with the Act but also with the legislature’s express commitment to reduce the state’s dependency on fossil fuels and move to renewable energies. […]

Upon review, we find GBX presented substantial evidence in support that it “is capable of financing the proposed construction without significant adverse financial consequences” for itself or its customers. […]

The appellate court’s findings disregard the evidence presented before the ICC. […]

Lastly, we decline to address any of the constitutional and other statutory issues raised below. None of these arguments were addressed by the appellate court. Our decision is therefore limited to the question before us

…Adding… Grain Belt Express spokesperson…

Following a full review of the facts and ICC process, the Illinois Supreme Court issued a strong decision affirming the validity of Grain Belt Express’ Certificate of Public Convenience and Necessity in Illinois. We are pleased with the Court’s decision and remain focused on delivering more affordable, reliable energy in the Midwest and across the country through Grain Belt Express – America’s biggest power pipeline.

* Donovan Griffith, Executive Vice President & Chief Strategy Officer for the Illinois Manufacturers’ Association…

“This decision is a huge win for energy consumers and businesses across Illinois. As manufacturers continue to report energy usage at historically high levels, new transmission infrastructure like Grain Belt Express is vital to providing more low-cost electricity and supporting economic growth across the Midwest.”

       

9 Comments »
  1. - Rich Miller - Friday, Jan 23, 26 @ 12:17 pm:

    Shorter headline: Adam Vaught wins another big case.


  2. - Z - Friday, Jan 23, 26 @ 12:20 pm:

    And CKZ was a wise chairman! Congrats Adam!


  3. - TNR - Friday, Jan 23, 26 @ 12:32 pm:

    == “a privately financed Grain Belt Express transmission superhighway will advance President Trump’s agenda of American energy and technology dominance…” ==

    That quote from a company that got slapped across the face by Trump. Reminds me of the scene in Animal House — “Thank you, sir! May I have another?”

    If you had any doubt about whether Trump is an authoritarian figure, just watch the center-right wannabe oligarchs who keep kissing up to him even after he humiliates them.


  4. - Rich Miller - Friday, Jan 23, 26 @ 12:33 pm:

    === that got slapped across the face by Trump===

    Before he did that, the president had the power line on his list of accomplishments.


  5. - thinking - Friday, Jan 23, 26 @ 12:37 pm:

    This is good policy and it’s nice to see all three branches of government on the same page on an issue.

    The ICC was right on this.


  6. - Think again - Friday, Jan 23, 26 @ 12:53 pm:

    Trump and Josh Hawley aside, the Grain Belt Express project will primarily benefit Red states …

    “The selection of Quanta (TX) and Kiewit (NE) Prysmian North America…supports a 50,000 square foot factory expansion nearing completion in Williamsport, PA
    Hubbell: Equipment supply and manufacturing agreement…distribution operation in Centralia, MO, where Hubbell is the largest employer, and its manufacturing facilities in Leeds, AL and Aiken, SC.
    Siemens Energy: Supply agreement for the HVDC transmission technology… in Kansas and Missouri.
    Missouri Public Utility Alliance: Transmission service agreements to provide access to contractual energy cost savings for 39 Missouri municipal utilities.
    1,500 Landowner Agreements: Over $105 million in executed easement agreements, including $19 million already paid to landowners and an additional $86 million due at construction. Easement agreements allow continued use of the land, and over 95% of Grain Belt Express Phase 1 main line land acquisition is complete.”

    https://wwww.invenergy.com/news/grain-belt-express-awards-1-7b-to-u-s-contractors-quanta-and-kiewit-to-build-largest-transmission-line-in-u-s-history


  7. - Rich Miller - Friday, Jan 23, 26 @ 12:57 pm:

    ===will primarily benefit Red states===

    Then you should be happy. Nice try at concern trolling, tho. Very on-brand of you.

    More importantly, it puts lots of juice on the grid, which benefits all of Illinois.


  8. - Excitable Boy - Friday, Jan 23, 26 @ 1:47 pm:

    - The selection of Quanta (TX) and Kiewit (NE) -

    Quanta owns dozens of companies spread out all over the place, and Kiewit is a massive company with workers spread out everywhere. This project will employ tons of local trades workers.


  9. - TNR - Friday, Jan 23, 26 @ 1:53 pm:

    == will primarily benefit Red states ==

    No. We need more energy on the grid everywhere and we can’t do it without more transmission lines. All those windmills in the Great Plains produce more electricity than those states need. Gotta find a way to get it where the demand is. It would benefit both red and blue states.


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