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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
OPENLANDS, an Illinois not-for-profit )
corporation, and SIERRA CLUB, a California )
not-for-profit corporation, )
Plaintiffs, )
v. )
) No.
ILLINOIS DEPARTMENT OF )
TRANSPORTATION, an Illinois state agency; )
ANN L. SCHNEIDER, in her official capacity as )
Secretary of the Illinois Department of )
Transportation, BOARD OF THE CHICAGO )
METROPOLITAN AGENCY FOR PLANNING, )
an Illinois municipal corporation, and )
MPO POLICY COMMITTEE, an Illinois public )
agency, )
Defendants. )
VERIFIED COMPLAINT FOR
DECLARATORY AND INJUNCTIVE RELIEF
Plaintiffs Openlands and Sierra Club on behalf of their members, and on behalf of and for
the benefit of the State of Illinois, complain that Defendants Illinois Department of
Transportation, Ann L. Schneider in her official capacity as Secretary of the Illinois Department
of Transportation, the Board of the Chicago Metropolitan Agency for Planning, and the MPO
Policy Committee are acting in violation of Illinois state laws and should be declared in violation
and enjoined from taking further actions based on such violations for the reasons set forth as
follows:
INTRODUCTION
The Defendant Illinois Department of Transportation (IDOT) is planning to construct
the proposed Illiana Tollway, a 47-mile tollway projected to cost at least $1.3 billion, which
would run from Interstate 55, near Wilmington, Illinois in southwestern Will County, to
Interstate 65 near Lowell, Indiana. In order for IDOT to proceed with the Illiana Tollway, it
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PAGE 1 of 51CIRCUIT COURT OF
COOK COUNTY, ILLINOISCHANCERY DIVISION
CLERK DOROTHY BROWN
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must first be included in the Chicago regional Metropolitan Transportation Plan (MTP) and
Transportation Improvement Program (TIP). The Illinois Regional Planning Act requires
that both the MTP and TIP documents shall be approved by the Board of the Chicago
Metropolitan Agency for Planning prior to any final approval by the MPO Policy Committee.
70 ILCS 1707/60(c).
Overall, the Illinois Regional Planning Act provides that a three-step process must be
followed in order for IDOT to proceed with the proposed Illiana Tollway. Step 1 is that the
Board of the Chicago Metropolitan Agency for Planning (CMAP Board) must first approve an
MTP and TIP that includes the proposed Illiana Tollway. 70 ILCS 1707/60(c). Step 2 is that
the MPO Policy Committee must provide final approval of an MTP and TIP that include the
proposed Illiana Tollway. Id. Step 3 is that IDOT is then authorized to proceed with the
proposed Illiana Tollway as a project specifically included in a duly-approved MTP and TIP.
See, e.g., 23 U.S.C. 134(j).
In this case, the proposed Illiana Tollway did not receive the required Step 1 approval.
On October 9, 2013, the CMAP Board voted by a 10 to 4 majority to reject IDOTs request to
amend the Chicago metropolitan areas MTP and TIP to include the proposed Illiana Tollway as
a fiscally constrained project. IDOTs request for approval was specifically denied.
Nonetheless, the MPO Policy Committee, chaired by IDOT Secretary Ann Schneider, purported
to take Step 2 even though the CMAP Board did not provide its required Step 1 prior
approval.
On October 17, 2013, the MPO Policy Committee proceeded without legal authority and
voted by 11 to 8 to approve the inclusion of the proposed Illiana Tollway in the MTP and TIP.
Based on this unauthorized vote, IDOT now plans to spend hundreds of millions of dollars in
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public funds to develop the proposed Illiana Tollway with land acquisition beginning as early as
June 2014.
Plaintiffs respectfully request that the Court declare that: (1) the MPO Policy
Committees October 17, 2013 vote was unauthorized, violated the Illinois Regional Planning
Act, 70 ILCS 1707/60(c), and is without legal effect; and (2) IDOT lacks legal authority to spend
public funds and otherwise take actions to develop the proposed Illiana Tollway. Plaintiffs also
respectfully request that the court grant an injunction and enjoin Defendants IDOT and Ann L.
Schneider, in her official capacity as Secretary of IDOT, from spending public funds and
otherwise taking any actions to develop the proposed Illiana Tollway.
LEGAL BASIS
1. This Complaint is brought pursuant to 735 ILCS 5/2-701 and this Courts
equitable jurisdiction and requests that this Court declare: (1) the Defendant MPO Policy
Committees October 17, 2013 votes to approve the proposed Illiana Tollway without the
required prior approval of the Defendant CMAP Board were unauthorized, in violation of the
Illinois Regional Planning Act, 70 ILCS 1707/60(c), and without legal effect; and (2) Defendants
IDOT and Ann L. Schneider, in her official capacity as Secretary of IDOT, are not legally
authorized to spend public funds and otherwise further proceed with the proposed Illiana
Tollway, and grant an injunction and enjoin Defendants IDOT and Ann L. Schneider, in her
official capacity as Secretary of IDOT, from spending public funds and otherwise taking any
actions to develop the proposed Illiana Tollway.
PARTIES
2. Plaintiff Openlands is a not-for-profit corporation organized and existing under
the laws of the State of Illinois. Openlands has approximately 3,000 members who live in
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Illinois. Openlands works to protect and conserve natural areas and open spaces in northeastern
Illinois and the surrounding region in order to ensure cleaner air and water, protect natural
habitats and wildlife, and help balance and enrich the lives of northeastern Illinoiss citizens.
Openlands works to support effective regional land use and transportation planning that balances
the growth of the Chicago metropolitan area with the responsibility to protect open spaces and
natural resources for future generations. Openlands has participated in transportation planning
processes in the Chicago metropolitan area for many years to advance its members interests.
3. Openlands members use and enjoy natural resources that would be adversely
impacted by the Illiana Tollway. Openlands members are also citizens and taxpayers of the
State of Illinois who pay sales taxes, income taxes, motor vehicle taxes, motorist user fees and
motor vehicle fuel taxes. Openlands members are concerned that the Illiana Tollway is
unneeded and financially imprudent, and will divert funds from other needed transportation
projects in the Chicago region.
4. Plaintiff Sierra Club is a not-for-profit corporation organized and existing under
the laws of the State of California. The Sierra Club is a national environmental organization
with more than 630,000 members. More than 24,000 of these members live in Illinois. The
Sierra Club has offices and programs and is doing business in the State of Illinois. The Sierra
Clubs purpose is to protect the natural environment and promote the responsible use of the
Earths ecosystems and resources. As part of its mission, the Sierra Club supports smart,
sustainable transportation spending and works to encourage comprehensive regional planning to
prevent inefficient sprawl growth. The Sierra Club has participated in transportation planning
processes in the Chicago metropolitan area for many years to advance its members interests.
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5. The Sierra Clubs members use and enjoy natural resources that would be
adversely impacted by the proposed Illiana Tollway. The Sierra Clubs members are also
citizens and taxpayers of the State of Illinois who pay sales taxes, income taxes, motor vehicle
taxes, motorist user fees and motor vehicle fuel taxes. The Sierra Clubs members are concerned
that the Illiana Tollway is unneeded and financially imprudent, and will divert funds from other
needed projects in the Chicago region.
6. Plaintiffs Openlands and Sierra Club are also plaintiffs in a federal court lawsuit
challenging the Tier 1 Environmental Impact Statement for the proposed Illiana Tollway under
the National Environmental Policy Act, 42 U.S.C. 4321 et seq. and other federal laws.
Openlands et al. v. Federal Highway Administration et al., No. 1:13-cv-04950 (No. Dist. Ill.).
7. Defendant Illinois Department of Transportation (IDOT) is an agency of the
State of Illinois, authorized by the Department of Transportation Law, 20 ILCS 2705/2705-1 et
seq.
8. Defendant Ann L. Schneider is the Secretary of the Illinois Department of
Transportation.
9. Defendant Board of the Chicago Metropolitan Agency for Planning (CMAP
Board) is an Illinois municipal corporation created by the Illinois Regional Planning Act, 70
ILCS 1707/1 et seq. The CMAP Board is the body within CMAP that is authorized to sue and
be sued in its official name. 70 ILCS 1707/35.
10. Under the Illinois Regional Planning Act, the CMAP Board must develop and
adopt a process for making transportation decisions that ensures that all plans, reports, and
programs required of a metropolitan planning organization under federal law shall be
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approved by the CMAP Board prior to final approval by the MPO [Policy Committee]. 70
ILCS 1707/60(c).
11. Defendant MPO Policy Committee is an Illinois public agency that is designated
under state law as the metropolitan planning organization for the Chicago metropolitan area
for purposes of federal law, including the Federal-Aid Highway Act, 23 U.S.C. 101 et seq.
Although the existence of an MPO is required by federal law, MPOs are formed and designated
under state law. Under the Illinois Regional Planning Act, the MPO Policy Committee is
responsible for final approval of all transportation plans, reports, and programs required under
federal law, but only after such plans, reports, and programs have received prior approval by
the CMAP Board. 70 ILCS 1707/60.
12. The MPO Policy Committee exists as a body within the Chicago Metropolitan
Agency for Planning (CMAP). The MPO Policy Committee conducts its business at CMAPs
offices and relies on CMAPs staff for policy and administrative support, ranging from detailed
analyses to the preparation of agendas and minutes. Funding for the MPO Policy Committees
activities is included within the larger CMAP budget.
VENUE
13. Venue is proper in Cook County, Illinois under Sections 2-101 and 2-103 of the
Illinois Code of Civil Procedure, 735 ILCS 5/2-101 and 2-103, because the Defendants CMAP
Board and MPO Policy Committee have their principal places of business in Chicago, Cook
County, Illinois. Defendants Illinois Department of Transportation and Ann L. Schneider, in her
official capacity as Secretary of the Illinois Department of Transportation, have offices and
transact and conduct business in Cook County. Additionally, the transactions out of which
Plaintiffs causes of action arose occurred in Cook County, Illinois.
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APPLICABLE LAW
The Illinois Regional Planning Act
14. The Illinois Regional Planning Act, 705 ILCS 1707/1 et seq., sets forth
requirements for transportation planning in northeastern Illinois.
15. The Illinois Regional Planning Act created CMAP to serve as a consolidated
regional planning agency for northeastern Illinois. CMAPs stated purpose is to plan for the
most effective public and private investments in the northeastern Illinois region and to better
integrate plans for land use and transportation. 70 ILCS 1707/5.
16. The Illinois Regional Planning Act created the CMAP Board as the governing
body of CMAP. 70 ILCS 1707/15. The CMAP Boards voting members are representatives of
the City of Chicago and seven counties in the Chicago metropolitan area. Id.
17. The Illinois Regional Planning Act requires that all MPO planning documents for
northeastern Illinois be first approved by the CMAP Board as a necessary precondition for the
MPO Policy Committee to then consider them for approval.
18. The Illinois Regional Planning Act specifically states: The Board, in
cooperation with local governments and transportation providers, shall develop a process for
making the transportation decisions that require final MPO approval pursuant to federal law.
That process shall comply with all applicable federal requirements. The adopted process shall
ensure that all MPO plans, reports, and programs shall be approved by the CMAP Board prior to
final approval by the MPO. 70 ILCS 1707/60(c) (emphasis added).
19. The Illinois Regional Planning Act further states: Each local government,
transportation agency, and State agency shall cooperate with and assist the [CMAP] Board in
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carrying out its functions and shall provide to the [CMAP] Board all information requested by
the Board. 70 ILCS 1707/51.
20. The Illinois Regional Planning Act recognizes the Defendant MPO Policy
Committee as the designated metropolitan planning organization for the Chicago region. 70
ILCS 1707/60(a). The MPO Policy Committees voting members are representatives from
transportation agencies, including State of Illinois agencies and local governments. At all times
relevant to this Complaint, Defendant Ann L. Schneider, in her official capacity as Secretary of
the Illinois Department of Transportation, served as the Chair of the MPO Policy Committee.
The Federal-Aid Highway Act
21. The Federal-Aid Highway Act (FAHA), 23 U.S.C. 101 et seq., sets out
requirements for state departments of transportation to receive federal financial assistance for
highway projects.
22. The FAHA requires the designation of a metropolitan planning organization
(MPO) for every metropolitan area with a population of more than 50,000 individuals. 23
U.S.C. 134(d)(1).
23. An MPO must approve two documents that describe all of the transportation
projects that are planned for its area: (1) the long-range Metropolitan Transportation Plan
(MTP) and (2) the shorter-term metropolitan Transportation Improvement Program (TIP).
23 U.S.C. 134(i) and (j). The MTP must prioritize transportation projects needed over the next
twenty years, and the TIP must provide more detailed financial information on projects to be
completed during the next four years. Id.
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24. In order for a specific transportation project to be eligible to receive federal
financial assistance, the project must be included in both the MTP and TIP for the region. See,
e.g., 23 U.S.C. 134(j).
25. The Illinois Regional Planning Act and the FAHA thereby provide a three-step
process for the approval of federal highway projects in northeastern Illinois:
(1) The CMAP Board must first decide whether to approve a transportation plan or
program prior to final approval by the MPO Policy Committee. 70 ILCS 1707/60(c).
(2) If the CMAP Board votes to approve a transportation plan or program, only then
may the MPO Policy Committee consider and decide whether to approve the plan or program.
Id.
(3) If the MPO Policy Committee approves the plan or program only then may IDOT
proceed with the federal highway projects that have been specifically included therein. 23
U.S.C. 134(j).
26. The Public Private Agreements for the Illiana Expressway Act (Illiana
Expressway Act) was enacted in 2010 to authorize IDOT to develop the proposed Illiana
Tollway and to seek federal financial assistance for the project, subject to all applicable
planning requirements otherwise required by law, including land use planning, regional planning,
transportation planning, and environmental compliance requirements. 605 ILCS 130/55.
FACTS COMMON TO ALL COUNTS
IDOTs Request to Amend CMAPs Metropolitan Transportation Plan and Transportation Improvement Plan to Include the Proposed Illiana Tollway
27. The Illiana Tollway is a proposed new 47-mile long four-lane tollway that would
run from Interstate 55 near Wilmington, Illinois in southwestern Will County to Interstate 65
near Lowell, Indiana.
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28. IDOT stated that the overall construction cost of the Illiana Tollway would be at
least $1.3 billion of which the State of Illinois would be responsible for $1 billion.
29. The Illiana Tollway is proposed to run along the southern border of the Midewin
National Tallgrass Prairie, the nations first such designated tallgrass prairie.
30. The Illiana Tollway and its traffic would specifically adversely impact the
Midewin National Tallgrass Prairie.
31. In comments submitted during the environmental study process for the tollway,
the United States Forest Service, which administers and oversees the Midewin National Tallgrass
Prairie, stated that the tollway would cause irreparable damage to the National Tallgrass
Prairies habitat due to its close proximity.
32. The Illiana Tollway and its traffic would adversely impact natural resources
regularly used and enjoyed by Plaintiffs members.
33. CMAPs Metropolitan Transportation Plan (MTP) for the Chicago region is
often referred to as the GO TO 2040 Comprehensive Regional Plan (GO TO 2040 Plan).
34. On April 8, 2013, Defendant IDOT formally requested that CMAP amend its
MTP to include the proposed Illiana Tollway as a fiscally constrained capital project.
35. On or before July 26, 2013, Defendant IDOT also requested that CMAP amend its
Transportation Improvement Program (TIP) to include an additional $81.5 million in State
funding for the proposed Illiana Tollway through fiscal year 2015.
36. By its requests, IDOT triggered the first step of the three-step process described
above.
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37. Under the Illinois Regional Planning Act, the CMAP Board must first approve the
proposed amendments to the MTP, often referred to as the GO TO 2040 Plan, and, also, approve
the amended TIP prior to final approval by the MPO Policy Committee. 70 ILCS 1707/60(c).
The CMAP Board Denied IDOTs Proposed Amendments
38. The Illinois Regional Planning Act provides that programs and plans, including
amendments to CMAPs MTP, often referred to as the GO TO 2040 Plan, and TIP must be
approved by the CMAP Board prior to final approval by the MPO [Policy Committee]. 70
ILCS 1707/60(c).
39. IDOTs requests to amend the MTP, often referred to as the GO TO 2040 Plan,
and TIP to specifically include the proposed new Illiana Tollway were placed on the CMAP
Boards agenda for its October 9, 2013 meeting.
40. CMAP allowed a public comment period on IDOTs proposals. On September 3,
2013, Plaintiffs Openlands, Sierra Club and other civic organizations, submitted a comment
letter that raised concerns over the proposed Illiana Tollways high costs and limited
transportation benefits.
41. In their September 3, 2013 comment letter, Plaintiffs also expressed concerns that
building the tollway would divert State transportation funds from other regional needs.
42. In their September 3, 2013 comment letter, Plaintiffs also identified negative
impacts that the proposed Illiana Tollway and its traffic would have on the Midewin National
Tallgrass Prairie, the Kankakee River and other natural resources that are used and enjoyed by
their members.
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43. On September 27, 2013, CMAPs staff recommended that the CMAP Board and
the MPO Policy Committee not approve amending the MTP, often referred to as the GO TO
2040 Plan, to include the proposed Illiana Tollway.
44. CMAP staffs September 27, 2013 recommendation document identified four
specific issues that should be of particular concern to the CMAP Board and MPO Policy
Committee in considering whether or not to approve IDOTs request: (1) the proposed Illiana
Tollways costs and financial risks; (2) IDOTs population growth assumptions that contradicted
those in CMAPs MTP, often referred to as the GO TO 2040 Plan; (3) the proposed Illiana
Tollways unsubstantiated potential for economic development; and (4) the proposed Illiana
Tollways limited benefits for regional mobility.
45. CMAP staffs September 27, 2013 recommendation document estimated that
building the proposed Illiana Tollway would require a public subsidy from the State of Illinois of
$400 million to $1.1 billion during the term of the agreement with the private contractor, even
after taking into consideration potential toll revenues.
46. CMAP staff stated in its recommendation document that the proposed Illiana
Tollway would have negligible impacts on regional transportation performance because it
would be located well south of the Chicago metropolitan areas major congested areas.
47. On October 9, 2013, the CMAP Board voted 10 to 4 against a motion that the
MTP, often referred to as the GO TO 2040 Plan, be amended to include the proposed Illiana
Tollway. See CMAP Board Minutes of October 9, 2013 Meeting at 5, attached as Exhibit A.
48. Because the CMAP Board voted 10 to 4 against the motion that the MTP, often
referred to as the GO TO 2040 Plan, be amended to include the Illiana Tollway, the CMAP
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Board did not provide its approv[al] under the Illinois Regional Planning Act. 70 ILCS
1707/60(c). See Exhibit A at 5.
49. On October 9, 2013, the CMAP Board also voted unanimously to approve some
proposed amendments to CMAPs TIP, but excluded IDOTs proposed amendment of the TIP
that would have also included an additional $81.5 million of State funding to support the
proposed Illiana Tollway through fiscal year 2015. See Exhibit A at 6.
50. Because the CMAP Board voted against the motion that the TIP be amended to
include the proposed Illiana Tollway, the CMAP Board did not provide its approv[al] under
the Illinois Regional Planning Act. 70 ILCS 1707/60(c). See Exhibit A at 6.
51. The CMAP Board thus did not provide its prior approval of IDOTs proposed
amendments of the MTP, often referred to as the GO TO 2040 Plan, and the TIP as required
under the Illinois Regional Planning Act for those amendments and the proposed Illiana Tollway
to proceed to the MPO Policy Committee for consideration and final approval. 70 ILCS
1707/60(c).
52. The proposed Illiana Tollway had not passed Step 1 of the regional
transportation planning process, and the MPO Policy Committee accordingly lacked legal
authority to take any further action on the proposed Illiana Tollway.
The MPO Policy Committee Purports to Approve IDOTs Proposed Amendments
53. The MPO Policy Committee exists as a body within CMAP.
54. The MPO Policy Committee conducts its business at CMAPs offices.
55. The MPO Policy Committee relies on CMAPs staff for policy and
administrative support.
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56. The CMAP staffs support for the MPO Policy Committee includes technical
analyses.
57. The CMAP staffs support for the MPO Policy Committee includes preparation
of agendas and minutes.
58. Funding for the MPO Policy Committees activities is included within the larger
CMAP budget.
59. After the CMAP Boards October 9, 2013 votes to not approve the proposed
Illiana Tollway, IDOT continued to request that the MPO Policy Committee vote on IDOTs
proposed amendments of the MTP, often referred to as the GO TO 2040 Plan, and the TIP.
60. Despite the CMAP Boards October 9, 2013 votes to not approve the Illiana
Tollway, the MPO Policy Committee scheduled a meeting to conduct its own vote on IDOTs
proposed amendments.
61. On October 16, 2013, the Plaintiffs attorneys sent a letter to the CMAP Board
and MPO Policy Committee. See Exhibit B. The letter explained their legal view that, under
Section 60(c) of the Regional Planning Act, the MPO Policy Committee was not authorized to
finally approve the proposed amendment of the MTP, often referred to as the GO TO 2040
Plan, to include the proposed Illiana Tollway because the CMAP Board had rejected the
amendment. 70 ILCS 1707/60(c).
62. Defendant Ann L. Schneider, in her official capacity as the Secretary of the
Illinois Department of Transportation, served as the Chair of the MPO Policy Committee during
its October 17, 2013 meeting.
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63. On October 17, 2013, the MPO Policy Committee voted 11 to 8 in favor of
amending the MTP, often referred to as the GO TO 2040 Plan, to include the proposed Illiana
Tollway. See Exhibit C at 9.
64. On October 17, 2013, the MPO Policy Committee also voted 11 to 8 in favor of
amending the TIP to include an additional $81.5 million of State funding for the proposed Illiana
Tollway through fiscal year 2015. See Exhibit C at 9.
65. At the MPO Policy Committees October 17, 2013 meeting, Defendant Ann L.
Schneider, Secretary of the Illinois Department of Transportation, cast votes in favor of
amending the MTP, often referred to as the GO TO 2040 Plan, and the TIP to include the
proposed Illiana Tollway.
66. On October 24, 2013, CMAPs Executive Director responded to the Plaintiffs
attorneys October 16, 2013 letter. See Exhibit D.
67. In his October 24, 2013 letter, CMAPs Executive Director stated that federal
law vesting the [MPO] Policy Committee with authority to approve transportation plans trumps
state law. See Exhibit D at 1.
68. In the October 24, 2013 letter, CMAPs Executive Director further asserted that
the final action of the Policy Committee to approve the Illiana amendment is binding. See
Exhibit D at 1.
69. CMAPs position that federal law trumps the Illinois Regional Planning Act
expresses a legal position that Section 60(c) of the Act is unconstitutional. 70 ILCS 1707/60(c).
70. CMAP is a municipal corporation created under the Illinois Regional Planning
Act and has only the powers granted by Illinois law. Ill. Const. 1970, art. VII, sec. 8.
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71. On information and belief, CMAP has not requested an advisory opinion from the
Illinois Attorney General regarding the constitutionality of Section 60(c) of the Illinois Regional
Planning Act.
72. On information and belief, the MPO Policy Committee has not requested an
advisory opinion from the Illinois Attorney General regarding the constitutionality of Section
60(c) of the Illinois Regional Planning Act.
73. On information and belief, IDOT has not requested an advisory opinion from the
Illinois Attorney General regarding the constitutionality of Section 60(c) of the Illinois Regional
Planning Act.
IDOTs Expenditures of Public Funds and Planned Expenditures
74. IDOT has disbursed at least $40 million of Illinois state funds to study the
proposed Illiana Tollway.
75. IDOT proposes to spend up to $500 million of public funds on the proposed
Illiana Tollway through 2019, with additional contributions required thereafter.
76. IDOT has been developing the proposed Illiana Tollway as a project intended to
receive federal financial support.
77. IDOT is requesting a loan from the Federal Highway Administration to support
developing the proposed Illiana Tollway.
78. On March 17, 2014, IDOT announced that the Federal Highway Administration
had determined that the proposed Illiana Tollway is eligible to apply for a federal loan.
79. IDOT is requesting that private contractors consider participating in a public-
private partnership agreement to construct the proposed Illiana Tollway.
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80. IDOT advised CMAP that, under the proposed public-private partnership
agreement, the State of Illinois would be required to pay between $250 million and $300 million
during the years 2015 through 2017 for land acquisition, utility relocations, and engineering for
the tollway, and up to $200 million during the years 2018 and 2019 in milestone payments to
the private contractor.
81. IDOT stated that the State of Illinois would agree to pay the selected private
contractor guaranteed annual payments from 2018 to 2053 in exchange for the contractor
building the tollway and keeping it open for use by traffic.
IDOT Continues to Develop the Illiana Tollway
82. Since the MPO Policy Committees October 17, 2013 meeting, IDOT has
publicly maintained that the MPO Policy Committees vote was legally effective in amending
the MTP, often referred to as the GO TO 2040 Plan, and the TIP to include the proposed Illiana
Tollway.
83. Public Act 98-0050 appropriates public funds to IDOT for the fiscal year ending
June 30, 2014.
84. Public Act 98-0050 includes two appropriations designated for costs associated
with the proposed Illiana Tollway (0596 and 0011-49442-7900-0213).
85. One of the appropriations designated for costs associated with the proposed
Illiana Tollway is from the Illiana Expressway Proceeds Fund.
86. One of the appropriations designated for costs associated with the proposed
Illiana Tollway is from the Road Fund.
87. Public Act 98-0050 also includes several appropriations designated for costs
associated with IDOTs Road Improvement Program. These include appropriations from the
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State Construction Account Fund, Road Fund, Transportation Bond Series A Fund, and
Transportation Bond Series D Fund.
88. IDOT has included project engineering and land acquisition activities for the
proposed Illiana Tollway for the fiscal year ending June 30, 2014, and subsequent years, in its
Highway Improvement Program based on the TIP amendment which was the subject of the
MPO Policy Committees October 17, 2013 vote.
89. Since the MPO Policy Committees October 17, 2013 meeting, IDOT has
continued to carry out activities to develop the proposed Illiana Tollway as a federally assisted
tollway.
90. IDOTs activities for the proposed Illiana Tollway include: (1) carrying out an
ongoing public-private partnership procurement process; (2) seeking federal financial
assistance for the proposed Illiana Tollway from the Federal Highway Administration; and (3)
completing an ongoing environmental impact study process required under the National
Environmental Policy Act, 42 U.S.C. 4321 et seq.
91. IDOT intends to begin acquiring land to build the Illiana Tollway as soon as June
2014.
92. Defendant Ann L. Schneider will incur substantial expenses in her official
capacity as Secretary of the Illinois Department of Transportation in continuing to develop the
proposed Illiana Tollway.
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COUNT I
Declaratory Judgment (735 ILCS 5/2-701) and Injunctive Relief
93. Plaintiff realleges Paragraphs 1 through 92.
94. The CMAP Board is required under the Illinois Regional Planning Act to
develop a process for making regional transportation decisions that shall ensure that all MPO
plans, reports, and programs shall be approved by the CMAP Board prior to final approval by the
MPO [Policy Committee]. 70 ILCS 1707/60(c).
95. The CMAP Board has not approved IDOTs proposed amendments of the MTP,
often referred to as the GO TO 2040 Plan, and the TIP to include the proposed Illiana Tollway as
a fiscally constrained capital project.
96. The CMAP Board violated Section 60(c) of the Illinois Regional Planning Act by
not adopting a regional transportation decision-making process that ensures that all MPO plans,
reports, and programs were approved by the CMAP Board prior to final approval by the MPO
Policy Committee. 70 ILCS 1707/60(c).
97. Accordingly, the MPO Policy Committee had no authority to consider or approve
IDOTs proposed amendments of the MTP, often referred to as the GO TO 2040 Plan, and the
TIP to include the proposed Illiana Tollway as a fiscally constrained capital project.
98. The MPO Policy Committees October 17, 2013 vote to amend the MTP, often
referred to as the GO TO 2040 Plan, and the TIP to include the proposed Illiana Tollway as a
fiscally constrained capital project violated Section 60(c) of the Illinois Regional Planning Act
and were not authorized under Section 60(c) of the Illinois Regional Planning Act. 70 ILCS
1707/60(c).
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99. The MPO Policy Committee lacked legal authority to amend the MTP, often
referred to as the GO TO 2040 Plan, and the TIP to include the proposed Illiana Tollway.
100. IDOTs continued development of the proposed Illiana Tollway is not authorized
under the Illiana Expressway Act, 605 ILCS 130/55, because the project has not complied with
all applicable planning requirements, including but not limited to Section 60 of the Illinois
Regional Planning Act.
101. IDOTs actions requesting that the MPO Policy Committee approve the proposed
Illiana Tollway after the CMAP Board failed to approve and voted to reject IDOTs proposed
amendments of the MTP, often referred to as the GO TO 2040 Plan, and the TIP, and in
continuing to develop the proposed Illiana Tollway, have violated and continue to violate
IDOTs duty under Section 51 of the Illinois Regional Planning Act, 70 ILCS 1707/51, to
cooperate with and assist the CMAP Board in carrying out its functions.
102. Unless the Defendants failures to comply with the requirements of the Illinois
Regional Planning Act are declared unlawful, Plaintiffs and other taxpayers will suffer
irreparable harm due to IDOTs illegal disbursement of public funds, described in Paragraphs 74
through 81.
103. Unless the Defendants failures to comply with the requirements of the Illinois
Regional Planning Act are declared unlawful, Plaintiffs and other taxpayers will suffer
irreparable harm to their use and enjoyment of the natural resources that would be adversely
impacted by the proposed Illiana Tollway.
104. Defendant CMAP Boards position that federal law trumps Section 60(c) of the
Illinois Regional Planning Act is not supported by law. CMAP is a municipal corporation
created under the Illinois Regional Planning Act and has only the powers granted by Illinois law.
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Ill. Const. 1970, art. VII, sec. 8. IDOT, the CMAP Board and the MPO Policy Committee lack
authority to decide on their own that an Illinois state statute is unconstitutional and should not be
followed.
105. The CMAP Boards position that federal law trumps the Illinois Regional
Planning Act also is not supported by law because the Illinois Regional Planning Act is not
inconsistent with federal law. The Illinois Regional Planning Acts requirement that the MPO
Policy Committee shall provide final approval to all MPO documents, 70 ILCS 1707/60(c), is
consistent with the requirements of the FAHA, 23 U.S.C. 101 et seq. and other federal statutes.
106. Plaintiffs have no adequate remedy at law. Plaintiffs requested relief will redress
the injuries to their members, and, unless this Court grants the requested relief, the Defendants
actions will cause irreparable harm to the Plaintiffs and their members interests, including the
members and the publics interests in: (a) the proper expenditure of public funds, (b) their use
and enjoyment of natural resources and areas that would be adversely impacted by the proposed
Illiana Tollway, (c) effective regional transportation planning, and (d) the lawful administration
of State statutes.
RELIEF REQUESTED
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in favor of
Plaintiffs and against Defendants and enter an Order:
1. Declaring that the Defendant CMAP Board has not complied with its duty under
the Illinois Regional Planning Act to develop and adopt a transportation decision-making process
that ensure[s] that all MPO plans, reports, and programs shall be approved by the CMAP Board
prior to final approval by the MPO [Policy Committee], 70 ILCS 1707/60(c);
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2. Declaring that the Defendant MPO Policy Committee lacks authority under the
Illinois Regional Planning Act to amend CMAPs approved MTP, often referred to as the GO
TO 2040 Plan, and CMAPs approved TIP to include the proposed Illiana Tollway as a fiscally
constrained capital project;
3. Declaring that the Defendant MPO Policy Committees October 17, 2013 votes to
amend CMAPs approved MTP, often referred to as the GO TO 2040 Plan, and amend CMAPs
approved TIP to include the proposed Illiana Tollway as a fiscally constrained capital project
are void and without legal effect;
4. Declaring that Defendants Illinois Department of Transportation and Ann L.
Schneider, in her official capacity as Secretary of the Illinois Department of Transportation, lack
legal authority to continue to develop the proposed Illiana Tollway;
5. Declaring that Defendants Illinois Department of Transportation and Ann L.
Schneider, in her official capacity as Secretary of the Illinois Department of Transportation, lack
legal authority to continue to spend public funds on the proposed Illiana Tollway;
6. Declaring that Defendants Illinois Department of Transportation and Ann L.
Schneider, in her official capacity as Secretary of the Illinois Department of Transportation, are
violating Section 51 of the Illinois Regional Planning Act, 70 ILCS 1707/51, by continuing to
spend public funds and otherwise taking actions to develop on the proposed Illiana Tollway;
7. Declaring that Defendants Illinois Department of Transportation and Ann L.
Schneider, in her official capacity as Secretary of the Illinois Department of Transportation, are
violating the Public Private Agreements for the Illiana Expressway Act by continuing to spend
public funds and otherwise taking actions to develop on the proposed Illiana Tollway even
though there have not been approvals of all applicable planning requirements otherwise
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
OPENLANDS, an Illinois not-for-profit
corporation, and SIERRA CLUB, a California not-
for-profit corporation,
Plaintiffs,
v.
ILLINOIS DEPARTMENT OF
TRANSPORTATION, an Illinois state agency;
ANN L. SCHNEIDER, in her official capacity as
Secretary of the Illinois Department of
Transportation; BOARD OF THE CHICAGO
METROPOLITAN AGENCY FOR PLANNING,
an Illinois municipal corporation; and MPO
POLICY COMMITTEE, an Illinois public
agency,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
No.
EXHIBITS TO VERIFIED COMPLAINT FOR
DECLARATORY AND INJUNCTIVE RELIEF
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LIST OF EXHIBITS
Exhibit A: CMAP Board Minutes of October 9, 2013
Exhibit B: ELPC Legal Letter to CMAP and MPO Policy Committee October 16, 2013
Exhibit C: MPO Policy Committee Minutes of October 17, 2013 Meeting
Exhibit D: CMAP Response Letter to ELPC October 24, 2013
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Exhibit A: CMAP Board Minutes of October 9, 2013
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Agenda Item No. 3.0
Chicago Metropolitan Agency for Planning (CMAP)
Board Meeting Minutes October 9, 2013
Offices of the Chicago Metropolitan Agency for Planning (CMAP)
Cook County Conference Room
Suite 800, 233 S. Wacker Drive, Chicago, Illinois
Board Members Gerald Bennett, CMAP Board Chair-representing southwest Cook
Present: County, Rita Athas-representing the City of Chicago, Frank Beal-
representing the City of Chicago, Roger Claar-representing Will
County, Elliott Hartstein-representing Lake County, Al Larson-
representing northwest Cook County, Lisa Laws-representing the City
of Chicago, Raul Raymundo-representing the City of Chicago, Rick
Reinbold-representing South Suburban Cook County, William
Rodeghier-representing West Cook County, Carolyn Schofield-
representing McHenry County, Peter Silvestri-representing Cook
CountyRae Rupp Srch-representing DuPage County, Tom Weisner-
representing Kane and Kendall Counties, and non-voting members
Sean OShea-representing the Governors office and Leanne Redden-
representing the MPO Policy Committee.
Staff Present: Randy Blankenhorn, Jill Leary, Dolores Dowdle, Don Kopec, Bob Dean,
Matt Maloney, Doug Ferguson, and Sherry Kane
Others Present: Susan Campbell, Mike Albin-DMMC, Tom Agems-Homewood
Disposal, Andrew Armstrong-Environmental Law & Policy Center, Bob
Barber-Village of Beecher, Jennifer Becker-Kane/Kendall Council of
Mayors, Keith Benman-Times, Dave Bennett-Metropolitan Mayors
Caucus, Mike Bossert-Kankakee County Board, Max Bosso-Village of
Elwood, Brian Carlson-IDOT, Ignacio Carrillo-SSAC, Bruce
Christensen-Lake County, Chalen Daigle-McHenry County Council of
Mayors, Jack Darin-Sierra Club, Bola Delano-IDOT, John Donovan-
FHWA, Roger Driskell-IDOT, Fr. Len Dubi-SSAC, Kevin Duffy-Indiana
Harbor Belt RR, Bud Fleming-SSMMA, John Fortmann-IDOT, Manny
Gonzales-ELPC, John Greuling-Will County CED, John Gregory-IRN,
Scott Gryder-Kendall County, Luann Hamilton-CDOT, Alicia Hanlon-
Will County, Pete Harmet-IDOT, Alex Hernandez-the Bugle, Rev.
James Hunt-SSAC, Ike Isaac-WGN TV9, Clayton Jirak-citizen, Jenny
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CMAP Board Meeting Page 2 of 7 October 9, 2013
Kim-NBC5, Patrick Knapp-Kane/Kendall COM, Grant Klinzman-State
of Illinois, Leon Krant-BLA, Katie Kukielka-IDOT/AECOM, Ed Maher-
Local 150, Stacy Meyers-Openlands, Don Moran-Will County Board,
Hugh OHara-Will County Governmental League, Nick Narducci-
Village of Elwood, Omer Osman-IDOT, Phyllis Palmer-DCP, Marta
Perales, Mark Pitstick-RTA, Mike Puente-WBEZ, Marni Pyke-Daily
Herald, Chris Schmidt-IDOT, Dave Seglin-CDOT, John Shaw-Kendall
County, Ron Shimizu-Parsons Brinckerhoff, Karen Shoup-IDOT, Frank
Shultan-Cook County, Peter Skosey-MPC, Vicky Smith-SW Conference,
Deb Spencer-MPC, Chris Staron-NWMC, Ryan Griffin-Steginh-MPC,
Susan Stitt-IDOT, Mike Sullivan-Kane/Kendall Council of Mayors, Greg
Szymanski-Village of Beecher, Michael Tercha-Tribune Photography,
Casey Toner-Sun Times, Tom VanDerWoude-SSMMA, Mike Walczak-
NWMC, Laura Wilkison-Metro Strategies, Rich Wronski-Chicago
Tribune, John Yonan-Cook County, Patrick Young-Local 150and
Barbara Zubek-SW Conference.
1.0 Call to Order and Introductions
CMAP Board Chair, Mayor Gerald Bennett, called the meeting to order at 9:30 a.m., and
asked Board members to introduce themselves.
2.0 Agenda Changes and Announcements
There were no agenda changes. Board Chair Mayor Bennett announced that Susan
Campbell and Heather Weed Niehoff, both representing the City of Chicago, would be
leaving the Board. Bennett, on behalf of all the Board thanked them for the time and
dedication they gave to the agency and wished them well. Mayor Bennett welcomed Lisa
Laws, a new appointee representing the City of Chicago, announced that Rita Athas, also
representing the City of Chicago had been reappointed to the Board and welcomed Mayor
Tom Weisner of Aurora and President William Rodeghier from the Village of Western
Springs, both of whom were attending for the first time.
Agenda Item No. 7.0 a report of GO TO 2040 Implementation, Board Chair Bennett
announced, would be tabled and considered at another meeting. And finally, Bennett
congratulated CMAP on its eighth birthday and the third anniversary of GO TO 2040.
3.0 Approval of Minutes
A motion to approve the minutes of the September 11, 2013 meeting of the CMAP Board
as presented was made by Elliott Hartstein and seconded by Rae Rupp Srch. All in favor,
the motion carried.
4.0 Executive Directors Report
An update of the Local Technical Assistance (LTA) program had been included in the
board packet and later in the meeting, Executive Director Randy Blankenhorn reported,
the Board will consider approving additional projects into the program. Having been
invited to speak at a public hearing of the Northeastern Illinois Public Transit Task Force
to speak, Blankenhorn turned to Raul Raymundo, a member of the task force who
reported that the task force will be, among other issues, addressing the overall
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CMAP Board Meeting Page 3 of 7 October 9, 2013
coordination with respect to planning. Blankenhorn also reported that Deputy Director
Don Kopec had been named as a recipient, at the national level, of an individual
leadership award by the Association of Metropolitan Planning Organizations (AMPO). In
an effort to diversify its funding stream, CMAP has a number of pending grants,
Blankenhorn continued: a 3-year, $447,118 grant through the Illinois Attorney Generals
office to develop a Housing Policy Planning Toolkit; a $200,000 grant from U.S.,
Department of Commerce to expand existing Local Technical Assistance (LTA) to areas of
economic/workforce development; a $150,000 grant from the Chicago Community Trust to
cover projects that are not covered by transportation-related funding; and, a $224,000
grant through the Illinois Environmental Protection Agency (IEPA) for work related to the
Boone Creek Watershed-Based Plan. Regarding CMAP Funding, Blankenhorn explained
the process by which CMAP invoices the Illinois Department of Transportation (IDOT)
and history of how CMAP had been reimbursed. Blankenhorn went on to say that the
State of Illinois is out of compliance with federal law, that CMAP had to suspend
payments to contractors and local government partners on two occasions since August,
that the on-going delay is creating a serious cash flow situation for CMAP, and that
CMAP has asked the FHWA to enforce the federal law that requires IDOTs
reimbursements in a timely manner.
5.0 Committee Reports
President Rick Reinbold, on behalf of the Local Coordinating Committee reported the
following from the meeting that occurred earlier in the morning. The committee
welcomed two new members representing the City of Chicago, Rita Athas and Lisa Laws.
The committee considered and will be recommending approval of the Local Technical
Assistance (LTA) program. Reinbold also reported that CMAP has been seeking external
resources to support projects in the LTA program that do not relate directly to
transportation which will allow CMAP to continue to pursue a broad range of projects
through the LTA program.
Elliott Harstein, Chair of the Regional Coordinating Committee reported the following
from the meeting that had also occurred earlier in the morning. The committee
considered and recommended Board approval of the FY 2014-2018 CMAQ program
(federal funds for air quality non-attainment areas for transportation projects that mitigate
congestion or improve air quality), committing $286 million to 51 projects. The committee
also discussed the proposed amendment to GO TO 2040 that would include the Illiana
Corridor project and voted not to amend the plan. Hartstein would report additional
details later in the meeting. Also considered by the Committee was the Transportation
Improvement Program (TIP), Hartstein continued, and accompanying air quality
conformity analysis, resulting in the Committee recommendation that the Board approve
the amendment, excepting the change that would bring the Illiana project into the TIP.
Finally, staff presented a summary of the major components of the GO TO 2040 financial
plan update process as well as an overview of recent policy changes and actions
undertaken by federal, state, and local entities that may affect transportation revenue
trends during the planning period.
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CMAP Board Meeting Page 4 of 7 October 9, 2013
6.0 CMAP Board Vice Chair
Following last months naming of the Executive Committee, the City of Chicago had made
two new appointments to the CMAP Board which had created a vacancy in the position of
Vice Chair. Chairman Mayor Bennett suggested that newly reappointed board member
Rita Athas fill the position. A motion by President Al Larson naming Rita Athas as Vice
Chair to the CMAP Board and Chair of the Local Coordinating Committee was seconded
by Commissioner Peter Silvestri, and with all in favor, carried.
7.0 GO TO 2040 Implementation
The GO TO 2040 Implementation report was tabled and will be considered at the Boards
next meeting.
8.0 Selection of Local Technical Assistance (LTA) Program Projects
CMAP staff Bob Dean reported briefly that thirty-two (32) projects are recommended to be
pursued through the Local Technical Assistance (LTA) program, that the Local
Coordinating Committee had considered the staffs recommendation for project selection
earlier in the morning and were able to recommend approval of the projects by the CMAP
Board. A motion by Commissioner Peter Silvestri was seconded by President William
Rodeghier to approve the selection of Local Technical Assistance (LTA) projects as has
been presented. All in favor, the motion carried.
9.0 Proposed Amendment to GO TO 2040 -- Illiana Corridor
Opening the discussion, Executive Director Randy Blankenhorn cited the following four
areas of concern that were included in the staff recommendation not to amend GO TO
2040 that would include the Illiana Corridor project: (a) financial risk, (b) contradictory
growth assumptions, (c) unsubstantiated economic development potential, and (d) limited
benefits to regional mobility. Blankenhorn touched briefly on each of the concerns and
concluded with the following summary. Staff has concerns with the highways location,
its financial viability and necessary unknown public sector resources, its minor benefit for
economic growth and congestion relief, its potential impact on natural resources
particularly the Midewin Tallgrass Prairie, its potential conflicts with the Abraham
Lincoln National Cemetery, and finally, its implications for the timely construction of
other important transportation investments in the region. Most importantly, Blankenhorn
added, is concern that approving the Illiana project would undermine the regions
commitment to GO TO 2040.
CMAP Board member and Regional Coordinating Committee chair Elliott Hartstein gave
a summary of the discussion that had occurred earlier in the morning at the Coordinating
Committee, reporting that the Transportation Committee in a vote of 10-7, with 4
abstentions, did support the Illiana project emphasizing reduced congestion on I-80 and
economic development potential in southern Will County. However, Hartstein continued,
other CMAP working committees, among those Environment & Natural Resources,
Economic & Community Development, Human & Community Development did not
favor including the project and both the Land Use and Housing Committees, being split,
were unable to take a position. Following a lengthy discussion at the Regional
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CMAP Board Meeting Page 5 of 7 October 9, 2013
Coordinating Committee, Hartstein concluded, 7 were in favor of staff recommendation, 3
opposed and 2 abstained from voting.
IDOT staff, Pete Harmet also reported to the Board explaining the process and comparing
the project to others included in the plan. Harmet discussed the Public Private
Partnership (P3) to the extent that he was able and suggested that the road would pay for
itself in 35 years. Harmet also reported that the Federal Highway Authority (FHWA) had
reviewed the cost estimates, that the analysis had proved the project was strong and
compared benefits to those of the Eisenhower Expressway project also in the plan.
Board members, particularly Sean OShea, representing the Governors office, Mayor
Roger Claar, representing Will County, Elliott Hartstein, representing Lake County and
CMAP Board Chair Mayor Gerald Bennett offered their respective positions.
Related to the proposed amendment of GO TO 2040 that would include the Illiana
Corridor project, each of the following were given three minutes to address the CMAP
Board. Briefly stated, they either opposed or supported the amendment.
- John Greuling, President and CEO of the Will County Center for Economic
Development (support)
- Don Moran, District 3-Will County Board (support)
- Stacy Meyers, Openlands (opposed)
- Peter Skosey, Vice President-MPC (opposed)
- Michael Bossert, Chair-Kankakee County Board (support)
- Nick Narducci, representing the Village of Elwood (opposed)
- Reverend James Hunt, South Suburban Action Conference (support)
- Father Len Dubi, South Suburban Action Conference (support)
- Max Bosso, the Village of Elwood (opposed)
- Patrick Hosty, Chicago Area Laborers-Employers Cooperation & Education Trust
(support)
- Andrew Armstrong, Environmental Law & Policy Center (opposed)
A motion by Frank Beal was seconded by Peter Silvestri to amend the GO TO 2040 Plan to
include the Illiana Corridor project.
Gerald BennettNo Raul RaymundoNo
Rita AthasNo Rick ReinboldYes
Frank BealNo William RodeghierNo
Roger ClaarYes Carolyn SchofieldNo
Elliott HartsteinNo Peter SilvestriNo
Al LarsonNo Rae Rupp SrchYes
Lisa LawsNo Thomas Weisner--Yes
Andrew Madigan--Absent
A roll-call vote (4-10 and 1 absent) resulted in a failed motion.
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CMAP Board Meeting Page 6 of 7 October 9, 2013
10.0 Approval of GO TO 2040/TIP Conformity Analysis and TIP Amendments
Executive Director Randy Blankenhorn briefly explained that twice each year CMAP
considers an amendment to the Transportation Improvement Program for projects
affecting air quality. The Regional Coordinating Committee reviewed the amendment
and accompanying analysis and recommended that the Board adopt the amendment,
excepting the change that would bring the Illiana project into the TIP. The committee also
recommended that the Board find that GO TO 2040 and the TIP as amended without the
Illiana project meet air quality conformity requirements. A motion was made by Mayor
Larson and seconded by Carolyn Schofield to approve the GO TO 2040/TIP conformity
analysis and TIP amendments that would exclude the Illiana Corridor project. All in
favor, the motion carried.
11.0 Congestion Mitigation and Air Quality (CMAQ) Improvement Program FFY2014-2018
Proposed Program
CMAP staff Doug Ferguson reported that material supporting the proposed Congestion
Mitigation and Air Quality (CMAQ) Improvement Program, covering FFY2014-2018 had
been included in the Board packet for consideration. The $286 million in funding for 51
projects is in addition to funds programmed in prior funding cycles and gives the region a
five year program total of $582 million, Ferguson continued. Developed by the CMAQ
Project Selection Committee and released for a public comment period during the month
of August, both the Transportation Committee and the Regional Coordination Committee
have reviewed the program and recommend approval by the CMAP Board. A motion by
Carolyn Schofield was seconded by Rae Rupp Srch to approve the program as presented.
All in favor, the motion carried.
12.0 Federal Transportation Certification Review
John Donovan of the Federal Highway Administration reported that the Federal
Transportation Certification Review would be postponed because of the number of federal
employees, particularly the Federal Transit Administration, being furloughed by the
recent shutdown.
13.0 Public Comment
The public comment portion of the meeting was detailed under Item No. 9.0 Proposed
Amendment to GO TO 2040Illiana Corridor.
14.0 Other Business
There was no other business before the CMAP Board.
15.0 Next Meeting
The CMAP Board is scheduled to meet next on November 13, 2013.
16.0 Adjournment
At 11:20 a.m., a motion to adjourn by President William Rodeghier was seconded by
Commissioner Peter Silvestri. All in favor, the motion carried.
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CMAP Board Meeting Page 7 of 7 October 9, 2013
Respectfully submitted,
Jill Leary, Chief of Staff
10-16-2013
/stk
Approved as presented by unanimous vote, November 13, 2013.
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Exhibit B: ELPC Legal Letter to CMAP and MPO
Policy Committee October 16, 2013
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October 16, 2013
Mayor Gerald Bennett IDOT Secretary Ann Schneider
Chair, CMAP Board of Directors Chair, CMAP MPO Policy Committee
233 South Wacker Drive, Suite 800 233 South Wacker Drive, Suite 800
Chicago, Illinois 60606 Chicago, Illinois 60606
Randy Blankenhorn
Executive Director, CMAP
233 South Wacker Drive, Suite 800
Chicago, Illinois 60606
Illiana Tollway Requested GO TO 2040 Plan Amendment
Dear Mr. Bennett, Secretary Schneider and Mr. Blankenhorn:
The Environmental Law & Policy Center (ELPC) brings to your attention the following
particular provision of the Regional Planning Act, the Illinois state law which created the
Chicago Metropolitan Agency for Planning (CMAP) and the CMAP MPO Planning Committee
(Planning Committee). Section 60(c) of the Regional Planning Act states:
Sec. 60. Transportation decision-making
* * *
(c) The [Chicago Metropolitan Agency for Planning] Board, in cooperation with local
governments and transportation providers, shall develop and adopt a process for making the
transportation decisions that require final MPO approval pursuant to federal law. That process
shall comply with all applicable federal requirements. The adopted process shall ensure that all
MPO plans, reports, and programs shall be approved by the CMAP Board prior to final approval
by the MPO.
70 ILCS 1707/60(c) (emphasis added).
As you know, the CMAP Board voted 10 to 4 (1 abstaining), to reject the Illinois Department of
Transportations (IDOT) request to include the proposed Illiana Tollway in the GO TO 2040 regional transportation plan. The shall be approved statutory language in 70 ILCS 1707/60(c) is mandatory. The CMAP Board did not approve, but, instead, has clearly rejected the requested modification to the transportation plan prior to its consideration by the CMAP MPO Planning Committee. Accordingly, the CMAP MPO Planning Committee may not seek to
provide final approval for the Illiana Tollway proposal.
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CMAP is a unit of local government created by State law, and the CMAP Planning Committee is
the regions MPO as designated and created by the same state statute. 70 ILCS 1707/1 et seq. CMAP has only those powers granted by State law. Ill. Const. 1970, Art. VII, 8. The CMAP
Board and the CMAP MPO Planning Committee must act in compliance with the statute under
which they were created. Neither the CMAP Board nor the CMAP MPO Planning Committee
may act outside, ultra vires, of the Illinois enabling statute. Both the CMAP Board and the
CMAP MPO Planning Committee must follow the Illinois statutory provision, which states in
pertinent part that: The adopted process shall ensure that all MPO plans, reports, and programs shall be approved by the CMAP Board prior to final approval by the MPO. 70 ILCS 1707/60(c).
If CMAP, through the CMAP Board and the CMAP MPO Policy Committee, has established or
implements an approval process in this Illiana case that does not fully apply and comply with the
specific language of 70 ILCS 1707/60(c), as quoted above, then these agencies are violating state
law. CMAP, the CMAP Board and the CMAP MPO Policy Committee may not ignore or
somehow attempt to interpret away this Illinois statutory language and requirement.
If CMAP, the CMAP Board and the CMAP MPO Policy Committee believe that there is some
legal reason why the agency cannot or should not comply with 70 ILCS 1707/60(c) or some
other provision of state law, then it can: (1) Seek clarifying amendments or other changes in the
statute from the Illinois General Assembly; and/or (2) Through the Illinois Department of
Transportation seek a written legal opinion from the Illinois Attorney General. In appropriate,
extraordinary cases, CMAP might attempt to seek a declaratory judgment or other such action by
the courts. However, CMAP, the CMAP Board and the CMAP MPO Policy Committee cannot
fail to follow state law, including 70 ILCS 1707/60(c).
The Environmental Law & Policy Center appreciates your and CMAPs consideration of this legal issue. We would also appreciate your distributing this letter to the members of the CMAP
Board and the CMAP MPO Policy Committee. Thank you for your consideration.
Sincerely,
Howard A. Learner
Andrew Armstrong
Attorneys for the
Environmental Law & Policy Center
cc: Illinois Attorney General Lisa Madigan
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Exhibit C: MPO Policy Committee Minutes of
October 17, 2013 Meeting
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Agenda Item No. 3.0
MPO Policy Committee Minutes
October 17, 2013
Cook County Conference Room
233 S. Wacker Drive, Suite 800
Chicago, Illinois
MPO Policy Committee Members Present:
Reggie Arkell Federal Transit Administration, Kay Batey Federal Highway
Administration, Gerald Bennett - Chicago Metropolitan Agency for Planning, Forrest
Claypool, Chicago Transit Authority, Tom Cuculich DuPage County, Gabe Klein
Chicago Department of Transportation, Joe Korpalski McHenry County, Rich Kwasneski
Pace, Kristi Lafleur Illinois Tollway, Christopher J. Lauzen - Kane County, Aaron
Lawlor - Lake County, Wes Lujan - Class I Railroads, Donald Orseno - Metra, Leanne
Redden Regional Transportation Authority, Jeffery Schielke - Council of Mayors,
Secretary Ann Schneider - Illinois Department of Transportation, John Shaw Kendall
County, Larry Walsh Will County, John Yonan - Cook County
MPO Policy Committee Members Absent:
None
Staff Present:
Aleman, Erin; Berry, Patricia; Blankenhorn, Randy; Dean, Bob; Kopec, Don.
Others Present:
Agema, Tom; Albin, Mike; Bailey, Linda; Barber, Bob; Barry, Ed; Becker, Jennifer; Benman,
Keith; Bixby, David; Blackburn, Will; Bossert, Michael; Bosso, Max; Botts, Paul; Brooks,
Herbert; Brubaker, Kevin; Bryant, Rick; Buget, Faith; Bunte, Gerry; Burke, Ron; Byars,
Chris; Byrne, Dominick; Cann, Brian; Cappeller, Fred; Ceveuh, John; Choca - Urban,
Maria; Christensen, Bruce; Ciavarella, Lynette; Cizmar, Jim; Connelly, Mike; Cook, Joe;
Cooper, Jim; Coreland, Mark; Culvertson, Ronald; Daigle, Chalen; Daniel, John; Darin,
Jack; Delano, Bola; Donovan, John; Driskon, Ruge; Dubi, Len; Duffy, Kevin; Duran, Rich;
Farquitar, Jay; Fleming, Bud; Forti, Mike; Freemark, Yonah; Freitag, Ragan; Friefeld,
Bruce; Fritz, Matt; Gardner, Danielle; Gates-Hamann, Virginia; Gazzarno, Jordan;
Gonzales, Manuel; Goodson, Lee A.; Gould, Bruce; Gray, George; Greenberg, Eric;
Gregory, John; Griffin-Stegink, Ryan; Grimshaw, Jackie; Gryder, Scott; Guida, Anothony;
Hamann, Bruce; Hamilton, Luann; Handwork, David; Hanlon, Alicia; Harmet, Pete; Hart,
Suzanne; Heinrich, Jerry; Hernandez, Alex; Hernard, Alex; Hightower, Tiffany; Holland,
Jim; Hosty, Patrick; Hunt, James; Hutchinson, Toi; Ingersoll, Charles; Jirak, Clayton;
Johnson J.D., Rev. Mitchel L.; Jones, Jonathan; June, Casey; Kelly, Robin; Kernc, Terry
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MPO Policy Committee Minutes Page 2 of 10 October 17, 2013
Kleinik, Michael; Kleinmark, Dan; Kohler, Jon Paul; Kukielka, Katie; Kunz, Brent; Lazzara,
Steve; Leonard, Edward; Macellaio, Mike; Maher, Edward; Manzo III, Frank; McGuire,
Pat; McLaughlin, Kevin; McMahon, Eamon; Melis, Allan; Meyer, Jerry; Meyers, Stacy;
Moran, Don; Morse, Tracy; Mussman, Harold; Mussman, Patricia; Narducci, Nick;
Negovn, Tom; Ogalla, Judy; OKeefe, Diane; Osman, Omer; Paleologoes, Mary; Palmer,
Nick; Palmer, Phyllis; Perales, Marta; Pitstick, Mark; Poulos, Mark; Prince, Kevin; Puente,
Michael; Pyke, Marni; Quigly, Steve; Ranieri, Ariel; Reaves, Brian; Riley, Al; Roberts, Bob;
Roberts, Brian; Rogina, Robert; Roja, Will; Ross, T.J.; Rossborough, Tim; Sanfilippo, James;
Schilke, Steve; Seglin, David; Shaw, John; Shimizu, Ronald; Shoup, Karen; Shuftan, Frank;
Sing, Kevin; Skosey, Peter; Skvukrad, Cindy; Smith, Kyle; Smith, Vicky; Spencer, Deb;
Staron, Chris; Sturino, Mike; Sullivan, Jim; Szymanski, Greg; Trigg, Paula; Urbaszewski,
Brian; Van Mill, Michael; Vanausdoll, LeighAnn; Vance, Steven; Vota, Georgette; Walczak,
Mike; Walsh Jr., Larry; Webber, Tammy; Wierciak, Tammy; Wronski, Rich; Zaleski, Alex;
Zucchero, Rocco.
1.0 Call to Order and Introductions 3:00 p.m.
Secretary Schneider called the meeting to order at 3:00 p.m.
2.0 Agenda Changes and Announcements
There were no changes or announcements
3.0 Approval of Minutes June 13, 2013
On a motion by Mr. Cuculich, seconded by Mayor Schielke, the minutes of June 13, 2013
were approved.
4.0 Agency Reports
4.1 Council of Mayors Report
Mayor Schielke reported that the Council of Mayors Executive Committee met on
September 10. The region has spent over $57 million, or 60%, of the Councils
programming mark for 2013. The Councils 2013 expenditures exceeded our 2013
allotment, so we have started to spend into our unobligated balance. The Executive
Committee considered and approved an additional $4 million in advanced funding. The
regions proposed CMAQ program and progress toward reaching our 2013 goal was also
discussed. Reports were given on various topics including several on our agenda today.
The Council of Mayors Executive Committee meets next on Tuesday November 19, 2013.
4.2 CMAP Board Report
Ms. Redden reported that the CMAP Board has met twice since the last meeting of the
MPO Policy Committee in June.
At their September meeting, the CMAP Board elected officers and members of their
Executive Committee received a staff report on the GO TO 2040 Update process, and
discussed public comments on the Illiana Corridor project.
At their October meeting last week, the CMAP Board approved the proposed FFY 2014-
2018 CMAQ program and approved the selection of new projects for the Local Technical
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MPO Policy Committee Minutes Page 3 of 10 October 17, 2013
Assistance (LTA) program. The CMAP Board voted 10 to 4 against amending the GO TO
2040 Plan to include the Illiana Corridor project. All three of those items are also on the
Policy Committee agenda today.
4.3 CMAP Staff Report
Mr. Kopec stated the first meeting of the Regional Freight Leadership Task Force will be
held tomorrow at 9:30 a.m. in the Cook County room at the CMAP offices. The group will
examine how freight institutions have been developed in other regions, potential
institutional models, the impact of operational and capital improvements and revenue
strategies to support freight movement. Mr. Kopec continued to state that the U.S.
Environmental Protection Agency recently redesignated the Chicago region in attainment
of the 1997 fine particulate matter, or soot standard. While this is good news and indicates
that we are making progress in cleaning up the air, it must be noted that USEPA has
issued new, tighter standards that will go into effect within the next year, likely putting us
out of attainment again. So while we are making progress, there is still much more to do
to clean up our regions air quality.
Mr. Blankenhorn stated that Mr. Kopec was honored by the A
