Recently, Jonathan L.A. Phillips of Phillips & Bathke, P.C., participated in the Illinois Commerce Commission’s (ICC) Carbon Capture and Sequestration (CCS) Rule Making Workshops. The goal of the workshops was to provide guidance and advocacy for landowners affected by CO2 pipelines and other utility infrastructure projects in Illinois.
These workshops are part of the ICC’s effort to create clear regulations for CO2 pipeline siting, construction, and operation. As we know, these matters are becoming important for communities and property owners across the state.
CO2 Pipelines in Illinois
Carbon capture and sequestration is an important technology for reducing greenhouse gas emissions from industrial sources. These CO2 pipelines carry captured carbon dioxide from power plants and other facilities to underground storage sites.
The pipelines play a role in reaching Illinois’ energy and climate goals. However, they also involve issues that directly affect landowners, including property rights, easements, safety, and land-use impacts.
For landowners, the stakes could not be higher. These individuals need access to clear, reliable information about pipeline routes and facility locations. Without it, meaningful participation in regulatory decisions is limited, and the risk of unexpected impacts on property increases.
With our involvement in these workshops, we make sure that these concerns are heard and addressed early in the rulemaking process.
Advocating for Landowners
With our dedicated utility practice, Phillips & Bathke, P.C. also represents landowners affected by pipelines, transmission lines, and other infrastructure projects. By participating in ICC workshops, we can provide practical, experience-based recommendations to regulators. In turn, that ensures that property owners’ rights are fully protected.
By actively engaging in these discussions, we support transparency and fairness. We work towards regulations that balance the needs of landowners, developers, and the public. All landowners should have a voice before projects move forward, and Phillips & Bathke, P.C. is ready to ensure that benefits everyone involved.
Clear Routing Requirements
One of the most important issues we raised during the workshop was the need for specific routing information in CO2 pipeline applications.
Under Section 20(d) of the Illinois CO2 Act, applications should include either a centerline or a 200-foot-wide route corridor. This level allows landowners and their representatives to understand potential impacts and make sure their due process is respected.
We also highlighted the importance of identifying above-ground facility locations in all applications. With this information provided upfront, it reduces uncertainty. Additionally, it prevents potential disputes and supports better project planning.
Clear routing is more than a regulatory formality. This is a practical step that helps both property owners and developers proceed through these complex projects responsibly.
Accessible Mapping and GIS Data
Another key recommendation from us focuses on mapping and GIS accessibility. While many applicants provide web-based viewers, any reliance on a single platform can make independent review difficult.
We recommended that applicants provide downloadable files in widely used formats, including:
- .kmz (Google Earth)
- Shapefile (.shp)
- GPX (.gpx)
- Geodatabase (.gdb) for ArcGIS users
With this, landowners, local governments, and Commission staff can review routes using the software of their choice. Once again, this puts the focus on transparency and better participation by all parties.
Commitment to Fair and Transparent Processes
Our participation in the ICC workshops demonstrates our ongoing commitment to protecting landowner rights and promoting balanced regulatory practices. We want to ensure landowner concerns are addressed and incorporated into CO2 pipeline regulations.
We will continue to monitor these pipeline developments and other utility projects in Illinois. At every stage, we are here to give guidance and representation for affected landowners.
Through this advocacy, Phillips & Bathke, P.C. strengthens property protections and contributes to regulatory processes that serve both communities and developers in the state of Illinois. If you would like to know how we can protect your interests, reach out and schedule a consultation.
