An analysis of the Illinois Retail Rate Law and the Cook County waste-to-energy siting battles, 1987--2001

The analysis explores the environmental justice impacts of the 1998 Illinois Retail Rate Law and Cook County waste-to-energy siting proposals on the Chicago metropolitan area. Particular attention is given to the dynamics of the grassroots environmental organizations which emerged to fight the siting proposals. The organizations are examined in the context of NIMBYism, the antitoxic movement, the environmental justice movement, and mainstream environmentalism. In addition, the underlying causes for the unintended consequences of the Retail Rate Law are analyzed against the backdrop of market and government failure.; Face-to-face and telephone interviews were conducted with forty-one persons familiar with the battles over the Cook County siting proposals and the efforts to repeal the Retail Rate Law. The term “environmental justice” became controversial as siting opponents and supporters both appropriated the issue to support dueling positions on the proposed sitings. However, environmental justice did not play an instrumental role in repealing the Retail Rate Law or the siting proposals. Economic concerns led to the repeal of the legislation and demise of the original siting proposals. The circumstances of the siting battles and opposition groups raise questions about the future effectiveness of the environmental justice movement.; A combination of market and government failure led to the unintended consequences from the retail Rate Law. Strategic maneuvering by state legislative leaders delayed the repeal of the legislation by several years. The resulting delay placed considerable cost on individuals, communities, corporations, and the State of Illinois.; A bivariate analysis was conducted to examine whether the distribution patterns of ground level concentrations from the proposed facilities would have had a disproportionate distribution in lower-income and minority populations in the Chicago metropolitan area. The statistical analysis did discover evidence that ground level concentrations from the proposed Cook County facilities would have had a disproportionate distribution in poor and minority communities. The exposure level from only one pollutant examined in the analysis would have exceeded health benchmark standards. However, the evidence supports the need for cumulative impact analyses to determine a more through impact of projects in some circumstances.