Latest News on CHC

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December 2022: Driftless Area Conservation Groups Continue the Fight to Stop the Destructive Cardinal-Hickory Creek Transmission Line

This article was shared with the Dodgeville Chronicle and other local newspapers to share the current status of the CHC transmission line and our efforts to oppose this unnecessary, expensive project.

Southwest Wisconsin residents are facing the huge high-voltage Cardinal-Hickory Creek transmission line with 17-story high towers that is cutting a wide swath through the scenic Driftless Area natural resources, family farms and rural communities. The Driftless Area Land Conservancy (DALC), Wisconsin Wildlife Federation (WWF) and our community partners are in court challenging ATC’s and ITC’s violations of key federal and state laws designed to protect the environment, but the transmission companies still continue to plow full steam ahead, bulldozing through our unique Driftless Area landscape.

In his January 2022 decision holding in favor of DALC/WWF, U.S. District Court Judge William Conley called out the transmission companies for creating “an orchestrated train wreck” by running up the costs and building right up to the edges of the Upper Mississippi River National Wildlife and Fish Refuge on both the Iowa and Wisconsin sides even though they are legally barred from crossing the protected Refuge. They are creating unnecessary environmental damage and wasting money that they are trying to charge to utility ratepayers.

DALC continues to strongly oppose this destructive transmission line. There are better, less expensive and less environmentally damaging ways to provide reliable, clean energy for Wisconsin and reduce pollution.

The federal court and state court recently heard oral arguments on two important cases. The battle is not over. Here’s what is happening in the courts.

The U.S. District Court’s Summary Judgment Decision (January 14, 2022)

U.S. District Court Judge William Conley (Madison) issued a detailed, comprehensive Opinion granting summary judgment mostly in favor of Plaintiffs Driftless Area Land Conservancy, Wisconsin Wildlife Federation, National Wildlife Refuge Association and Defenders of Wildlife (Conservation Groups). Judge Conley held that the federal defendant agencies violated the National Environmental Policy Act by improperly skewing the environmental impact statement process to effectively predetermine their outcome preferring the proposed interstate high-voltage Cardinal-Hickory Creek transmission line. Judge Conley also concluded that the federal defendant agencies violated the National Wildlife Refuge System Improvement Act of 1997 by impermissibly allowing this huge transmission line to run through the protected Refuge even though it’s not compatible.

Judge Conley declared that this transmission line could not cross through the protected National Wildlife and Fish Refuge either by means of an easement or land exchange. Nevertheless, the transmission line developers – ATC, ITC Midwest, and Dairyland Power Co-op – have continued building two separate costly line segments, one in Iowa and another in Wisconsin up to the edges of the Refuge even though they are legally barred from crossing through the protected National Wildlife Refuge.

Hearing before the U.S. Court of Appeals for the Seventh Circuit (September 28, 2022)

The Defendant federal agencies (Rural Utilities Service, U.S. Fish & Wildlife Service and U.S. Army Corps of Engineers) and the three Defendant transmission companies appealed U.S. District Court Judge Conley’s decision to the U.S. Court of Appeals for the Seventh Circuit. The four Plaintiff Conservation Groups filed a focused cross-appeal limited to the District Court’s failure to issue an injunction stopping construction of the transmission line pending resolution of the appeals.

On September 28, 2022, a three-judge panel of the Court of Appeals heard oral arguments and questioned attorneys representing all of the parties. The judges’ questioning of all attorneys was vigorous.

Howard Learner, Executive Director and Senior Attorney from the Environmental Law & Policy Center (ELPC) presented strong, sound positions on behalf of the four Conservation Groups to support our contention that Judge Conley’s substantive decision should be upheld and that an injunction should be put in place to stop further construction activities. The Court of Appeals is likely to issue its decision in late 2022 or early 2023.

Hearing before the Dane County Circuit Court (October 13, 2022)

This case primarily focuses on issues arising from the Wisconsin Public Service Commission’s legally-flawed approval of the Certificate of Public Convenience and Necessity (CPCN) in September 2019, which authorized the costly transmission line and destructive route to go forward. Our appeal had been delayed for almost three years. Dane County Circuit Court Judge Jacob Frost heard oral argument on the merits of our appeal of the Commission’s decision approving the CPCN and the unlawful Wisconsin environmental review.

ELPC Senior Attorney Brad Klein argued DALC’s and WWF’s case before Judge Frost, and attorneys for Dane County, Iowa County, the Village of Montfort, the Town of Wyoming and Save Our Unique Lands, in addition to community members Chris Klopp and Gloria Belken, joined us in presenting oral arguments and addressing the Judge’s questions.

DALC and WWF contend that the state’s environmental review was legally invalid for much the same reasons as the U.S. District Court concluded that the federal environmental impact statement was legally flawed. Both the National Environmental Policy Act (NEPA) and the Wisconsin Environmental Policy Act (WEPA) require that all reasonable alternatives, including distributed renewable energy and storage, energy efficiency and demand response, and more efficient existing transmission line upgrades, must be fully and fairly analyzed and considered, which they were not. Our attorneys requested that the Circuit Court set aside the Commission’s legally flawed CPCN approval and WEPA environmental review. Judge Jacob Frost indicated he would rule “in the foreseeable future.”

Protecting our unique Driftless Area landscape and communities, and the Upper Mississippi River National Wildlife and Fish Refuge, is hard work and takes long-term commitment. The Driftless Area Land Conservancy and our partners are in this fight for the long haul to win and make a difference for a better conservation and community future.

October 2022: Cardinal-Hickory Creek Transmission Line Recent Court Hearings

Driftless Area Land Conservancy continues to strongly oppose the Cardinal-Hickory Creek (CHC) high-voltage, huge transmission line. We’re fighting in both federal and state courts. There are better, less expensive and less environmentally damaging ways to reduce carbon emissions and to provide reliable, clean and economical energy for Wisconsin. Your continuing support in this protracted battle is inspiring. Thank you.

U.S. Court of Appeals for the Seventh Circuit
Oral Argument - September 28, 2022

Background

In January 2022, U.S. District Court Judge William Conley ruled mostly our favor when he granted summary judgment for the Plaintiffs Driftless Area Land Conservancy, Wisconsin Wildlife Federation, National Wildlife Refuge Association and Defenders of Wildlife (“Conservation Groups”). Judge Conley, based in Madison, held that the Defendant federal agencies violated the National Environmental Policy Act (“NEPA”) by skewing the Environmental Impact Statement (“EIS”) process to predetermine the outcome to support only the high-voltage interstate Cardinal-Hickory Creek transmission line, and the Defendant agencies violated the National Wildlife Refuge System Improvement Act of 1997 by impermissibly allowing this huge transmission line to run through the protected Upper Mississippi River National Wildlife and Fish Refuge even though it is not compatible.

U.S. District Court Judge Conley declared that the CHC transmission line could not cross through the protected National Wildlife and Fish Refuge either by means of an easement or land exchange.

Nevertheless, the transmission line developers - American Transmission Co. (ATC), ITC Midwest, and Dairyland Power Co-op – have continued building two separate line segments, one in Iowa, another in Wisconsin, up to the edges of the protected National Wildlife and Fish Refuge. The fact that they have no legally permitted means to join the two segments results in what Judge Conley characterized as, “little more than an orchestrated trainwreck at some later point in this lawsuit.”

The hearing before the U.S. Court of Appeals for the Seventh Circuit (in Chicago)
The Defendant federal agencies (Rural Utilities Service, U.S. Fish & Wildlife Service and U.S. Army Corps of Engineers) and the three Defendant transmission companies appealed U.S. District Court Judge Conley’s decision to the U.S. Court of Appeals for the Seventh Circuit. The four Plaintiff Conservation Groups filed a focused cross-appeal limited to the District Court’s failure to issue an injunction stopping construction of the transmission line pending resolution of the appeals.

On September 28, 2022, a three-judge panel of the Court of Appeals heard oral argument and questioned attorneys representing the Federal Agencies, Transmission Companies and the Conservation Groups (Driftless Area Land Conservancy, Wisconsin Wildlife Federation, Defenders of Wildlife, and National Wildlife Refuge Association). The judges’ questioning of all attorneys was vigorous. You can listen to an audio recording of the oral argument at http://media.ca7.uscourts.gov/sound/external/lp.22-1347.22-1347_09_28_2022.mp3

Howard Learner, Executive Director and Senior Attorney from the Environmental Law & Policy Center (ELPC) presented strong, sound positions on DALC’s and the four Conservation Groups’ behalf to support our contention that Judge Conley’s substantive decision should be upheld and that an injunction should be put in place to stop further construction activities. The Court of Appeals is likely to issue its decision within three to six months.

Dane County Circuit Court
Oral Argument - October 13, 2022

Background
This case primarily focuses on issues arising from the Wisconsin Public Service Commission’s approval of the Certificate of Public Convenience and Necessity (“CPCN”) in September 2019 allowing the CHC transmission line and route to go forward. Our appeal had been delayed for almost three years because of the Commission’s and Transmission Companies’ appeal to the Wisconsin Supreme Court concerning a subpoena related to former Public Service Commissioner Huebsch’s alleged bias under state law. Following the Wisconsin Supreme Court’s adverse decision, Dane County Circuit Court Judge Jacob Frost heard oral argument on the appeals of the Commission’s legally flawed decision approving the CPCN and the Wisconsin environmental impact statement.

The hearing
ELPC Senior Attorney Brad Klein argued DALC’s and the Wisconsin Wildlife Federation’s case before Judge Frost, and attorneys for Dane County, Iowa County, the Village of Montfort, the Town of Wyoming and Save Our Unique Lands, in addition to community members Chris Klopp and Gloria Belken, joined us in presenting oral argument and addressing the Judge’s questions.

We contend that the state’s EIS was legally invalid for much the same reasons as the U.S. District Court concluded that the federal EIS was legally flawed. Both the National Environmental Policy Act (NEPA) and the Wisconsin Environmental Policy Act (WEPA) required that all reasonable alternatives, including distributed renewable energy and storage, energy efficiency and demand response, and more efficient existing transmission line upgrades etc., must be fully and fairly analyzed and considered, which they were not. Our attorneys requested that the Circuit Court set aside, vacate and remand the Commission’s legally flawed CPCN approval and state EIS. Judge Frost indicated he would rule “in the foreseeable future.”

Protecting our unique Driftless Area is hard work and takes long-term commitments. Your on-going support is important and valuable. Thank you!

September 2022: Upcoming Federal and Circuit Court Hearings for Cardinal-Hickory Creek

It’s been a long, relatively quiet period in the legal battle over CHC. If you’ve traveled along the route, you can’t help but see the ongoing clearing and construction. That may leave you with the impression that the CHC project will inevitably march on to completion, but it’s far from being a done deal! The legal team has been hard at work behind the scenes and our day in both the federal and state courts is nearly here! Mark your calendar. We strongly encourage you to follow these two hearings.

Wednesday, September 28, 9:30am: 7th Federal Circuit Court Oral Arguments

In January, Judge William Conley blocked the project from crossing the Upper Mississippi River National Wildlife and Fish Refuge. Nevertheless, the developers – American Transmission Co. (ATC), ITC Midwest, and Dairyland Power Co-op – have continue building two line segments, one in Iowa and another in Wisconsin. The fact that they have no legally permitted means to join the two segments results in what Judge Conley characterized as “little more than an orchestrated trainwreck at some later point in this lawsuit.”

The developers have appealed Judge Conley’s ruling to the U.S. 7th Circuit Court of Appeals. The exceptional legal team at the Environmental Law & Policy Center will present a strong case in support of Judge Conley’s ruling.

The hearing will be held in person in the main courtroom, Room 2721 - 219 S Dearborn St, Chicago. We expect the hearing to last 1 to 1½ hours.

This is not a very convenient venue for most of us. Nevertheless, please consider attending in person to help demonstrate the continuing public opposition to the project. DALC is happy to help coordinate ride sharing. Contact Chuck at charles@driftlessconservancy.org

If you can't make it to Chicago, you can follow the proceedings online at the court's livestream.

Thursday, October 13, 2:00 - 5:00pm: Dane County Circuit Court

The case at the state level primarily focuses on issues concerning the initial approval of the project and route. It is case number 2019CV003418 (County of Dane et al vs. Public Service Commission of Wisconsin et al). The case has been delayed two years because of the developers’ appeal to the Wisconsin Supreme Court concerning an issue related to former Public Service Commissioner Huebsch. That issue has been settled. Here too, CHC opponents have a strong case and are eager to present it to the court.

There will likely be an in-person opportunity to attend this hearing. We’ll share details when available.

For online viewing, we will send link information later, and please watch for it on the DALC website.

A Better Way

The Driftless Area is home to a unique combination of topographical and geological features that supports dozens of uncommon species of flora and fauna. DALC believes the Driftless Area is ill suited for this kind of huge high-capacity transmission line, especially when less costly, less environmentally intrusive options are available. Energy needs could be better and more efficiently met through energy efficiency, demand management, distributed generation, storage, and local renewable energy resources, which would provide local jobs and support the local economy.

We are so appreciative of your support. Together, let us continue the good work of building a better future for the Driftless Area.

January 14, 2022: Huge Win Against CHC Transmission Line!

Judge William Conley of the U.S. District Court for the Western District of Wisconsin has issued a ruling blocking the Cardinal-Hickory Creek (CHC) transmission line project from crossing the Upper Mississippi River National Wildlife and Fish Refuge. The CHC project route approved by the Wisconsin Public Service Commission begins at the Hickory Creek Substation in Dubuque County, Iowa and terminates at the Cardinal Substation in Middleton. On its way, it crosses Grant, Iowa and Dane counties. This ruling may dramatically affect that route and the project as a whole.

Judge Conley had previously imposed a temporary injunction on construction in the refuge. Nevertheless, the developers, American Transmission Company, ITC Midwest and Dairyland Power Cooperative have continued construction right up to the refuge in Iowa and in the Cassville and Middleton areas in Wisconsin. The fact that these construction activities continue even though lawsuits to stop the project are in court and the temporary injunction has been imposed prompted Judge Conley’s comment that this, “amounts to little more than an orchestrated trainwreck at some later point.”

This ruling is a result of lawsuits filed by Driftless Area Land Conservancy (DALC), Wisconsin Wildlife Federation, Defenders of Wildlife and the National Wildlife Refuge Association. The Environmental Law and Policy Center (ELPC)’s legal team is presenting the case. Both Iowa and Dane counties have joined an additional lawsuit in Dane County Circuit Court.

Learn more about this ruling and what it means for the ongoing fight:

READ - A detailed article about this ruling in the Wisconsin State Journal
READ - The ruling itself. You can download it from ELPC's website
LISTEN - On January 19 at 7pm, Howard Learner of the Environmental Law & Policy Center gave an update via Zoom on this ruling and the steps moving forward. The meeting was NOT recorded. Please contact Chuck Tennessen (charles@driftlessconservancy.org) if you have any questions.

November 21, 2021: Opposition Voices Persist

The legal battle to prevent the construction of the Cardinal-Hickory Creek (CHC) transmission line continues in both the Dane County District Court and in the Federal District Court for the Western District of Wisconsin. Meanwhile, the dedicated cadre of NO-CHC activists are not sitting quietly on the sidelines! They continue to express their opposition in colorful, creative ways.

On a recent balmy Sunday morning, activists gathered at Festge County Park just west of Cross Plains, Wisconsin. Armed with colorful banners, signs and window paint, close to thirty vehicles were soon festooned with powerful messages that leave no doubt the opposition to this project remains strong. Soon a procession of decorated cars and trucks was parading thorough downtown Cross Plains and on past the Cardinal electrical substation, the terminus of the CHC project. At the substation, members of the media were on hand to interview prominent voices of the opposition movement. Channel 3000 ran a story on the protest, which you can watch here.

Driftless Area Land Conservancy continues its opposition to the CHC project. We are in agreement with the Public Service Commission’s own staff. There are better, far less expensive ways to create and maintain a secure, reliable, clean energy future for the Driftless Area and the upper Midwest. Our precious, unique landscape is ideally positioned to employ 21st century energy technology. Now is the time to do so. We are grateful for your support as we strive to help create a brighter future for us all.

November 1, 2021: Federal Court Judge Issues Preliminary Injunction Against ATC’s Huge Transmission Line through the Scenic Wisconsin Driftless Area Landscape and Communities

“The Court finds that Conservation Groups are likely to prevail on the merits, and that federal statutes prevent this huge high-voltage transmission line with 20-story high towers from running through the protected Upper Mississippi River National Wildlife and Fish Refuge.” Howard Learner, Attorney for the Plaintiffs

The U.S. District Court issued an Opinion and Order which grants a focused preliminary injunction stopping ATC and the other developers from damaging 114 wetlands on the proposed transmission line path. The Court finds that Conservation Groups have a strong argument on the merits that federal statutes prevent this huge high-voltage transmission line with 20-story high towers from running through the protected Upper Mississippi River National Wildlife and Fish Refuge.

DALC believes that the Court’s preliminary injunction decision is well-grounded in both law and common sense. ATC and ITC should hit the pause button and hold off from creating unnecessary costs and environmental damage while the Court decides the case on the merits over the next 30-60 days. It is in the public interest and can better protect both the environment and ratepayers.

October 27, 2021: Recent State and Federal Court Hearings

Driftless Area Land Conservancy’s efforts to stop the costly, unnecessary Cardinal-Hickory Creek (CHC) transmission line project have intensified, as construction on the project in Wisconsin is imminent. American Transmission Company (ATC) has announced that construction in Wisconsin is slated to begin by the end of October 2021.

However, DALC is working to prevent the environmental damage this project would inflict. Instead of the massive infrastructure expansion Cardinal-Hickory Creek would require, DALC supports twenty-first century clean energy and efficiency technologies that can foster a more fiscally and environmentally responsible energy future.

State and Federal Court Motions for Temporary Injunctions.--DALC and collaborating petitioners including Wisconsin Wildlife Federation, National Wildlife Refuge Association, Defenders of Wildlife, Iowa and Dane Counties and others petitioned both the Dane County District Circuit Court and the U.S. District Court for the Western District of Wisconsin. The petitions asked that a temporary halt on construction be imposed until the lawsuits involving the project get resolved in court.

In Iowa, the Right of Way (ROW) has already been cleared up to the border of the Upper Mississippi River National Wildlife and Fish Refuge. These petitions seek to prevent that type of environmental damage in Wisconsin. Once construction has begun on the Wisconsin side, the harm inflicted cannot be undone.

Recent Hearings.--Hearings on these petitions were held in late October. In state court, Judge Jacob Frost ruled that he would impose a temporary injunction. However, he also ruled that before the injunction could take effect, the petitioners (DALC and others) would have to post a $32 million bond for financial losses that could occur during the temporary delay. This exorbitant amount is far beyond what DALC could ever raise. The developers claim this amount would cover their possible losses for a delay of up to six months. Judge Frost questioned the figure because previously the developers had acknowledged they could still complete the project on schedule even if there were a six-month delay. Nevertheless, Judge Frost said his “hands were tied” by the law, and thus he imposed the bond requirement.

In federal court, Judge William Conley has heard the oral arguments but has not yet ruled on the petition. Meanwhile, the developers have agreed to not begin construction in Wisconsin until November 1st on those portions of the project covered in the federal cases.

DALC and our collaborators continue to pursue four separate lawsuits in these two courts. The issues include possible legal violations in the project approval process, violations in regards to a Public Service Commissioner’s improper communications with the project developers, and violations in regards to permitting needed for the project to cross the Upper Mississippi River National Wildlife and Fish Refuge.

Driftless Area Land Conservancy remains stalwart in defense of our unique driftless landscape and in promoting a smart, clean energy future.

October 14, 2021: DALC and Others Seek Preliminary Injunctions to Halt Further Environmental Degradation

Hearings in both Federal and State Circuit Court are Imminent

In our on-going fight to protect the Driftless Area, DALC joined Wisconsin Wildlife Federation, Dane and Iowa Counties, the Town of Wyoming and the Village of Montfort in filing a motion for a preliminary injunction in the Dane County Branch 9 Circuit Court. This motion requests a temporary halt of construction on the Cardinal-Hickory Creek (CHC) high-voltage transmission line that is threatening the protected Upper Mississippi River National Wildlife and Fish Refuge and Wisconsin’s Driftless Area. The injunction request is based on issues concerning the approval process for the CHC project. It would continue until the court can decide the case on the merits later this year or early next year. The request has been granted. The hearing is Monday, Oct. 18.

Barring a preliminary injunction, CHC developers state they intend to push forward with construction on the Wisconsin portion of the high-voltage line route as soon as October 25. The apparent goal is to get as much of the line built as possible before the court can decide, so that any finding of illegality would be more difficult to enforce. Clear cutting of trees has already occurred on the Iowa side of the route up to the border of the Refuge, and now the companies plan to start clearing the right-of-way for their proposed route up to the border of the Refuge on the Wisconsin side of the Mississippi River.

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U.S. District Court for the Western District of Wisconsin

Hearing - Friday, Oct. 22 at 1:00 pm

A similar injunction request by DALC, the National Wildlife Refuge Association, Wisconsin Wildlife Federation and Defenders of Wildlife was filed in U.S. District Court for the Western District of Wisconsin. This request has also been granted. The hearing is Friday, Oct. 22.

The lawsuit challenges the U.S. Fish and Wildlife Service’s decision to allow the companies to build this massive project across the Refuge under the National Wildlife Refuge System Improvement Act of 1997, which prohibits uses of Refuge land that interfere with or do not contribute to the Refuge’s wildlife purposes.

It also challenges the permits granted by the U.S. Army Corps of Engineers to allow the project to damage protected wetlands. It alleges that all of the federal agencies violated the National Environmental Protection Act (NEPA) by failing to “objectively evaluate and rigorously explore” reasonable non-wires alternatives and powerline upgrades to enhance the capacity of the existing transmission or potential routes north or south of the protected National Wildlife Refuge.

DALC continues to enjoy the support of a broad range of partners in the work to stop this unnecessary, destructive project. Words can’t express our appreciation for the dedication and expertise of the legal team at the Environmental Law & Policy Center. We are also especially grateful for our partnerships with Iowa County, Dane County and with the other municipalities that have joined in these legal battles. Finally, groups such as the Driftless Defenders have been invaluable allies in this effort.

“The Refuge is part of the unique Driftless Area of Wisconsin where we have been working to protect and restore land and habitat with many landowners and conservation partners for the last 20 years. DALC opposes this unnecessary and costly transmission line in part because it will permanently harm that Refuge. We should instead be pursuing better clean energy alternatives that can grow our local economies, support farmers and sustain our communities while avoiding the massive damage that this line and the others that could follow will have.” - Jennifer Filipiak, DALC Exec. Director

September 24, 2021: Public welcome to attend hearings in person or via livestream

September 27 update: THIS HEARING HAS BEEN CANCELLED

By Driftless Area Land Conservancy

The evidentiary hearing on the alleged impropriety in the process before the PSC will take place on September 29 and 30, 2021 at the Dane County Courthouse in Madison. The hearing will begin promptly at 8:30 am and is likely to end at 4:30 pm on both days. Members of the public are welcome and encouraged to attend! You may attend in person (the courtroom has a 50 person capacity) or view the proceedings via live stream. If you attend in person masks are required.

Our hearing will take place in courtroom 6B:

6th Floor, Courtroom 6B, Branch 9

215 S Hamilton Street

Madison WI 53703-3285

The court provides this map for parking options:

https://courts.countyofdane.com/documents/pdf/courthouse-map.pdf

The livestream channels are here:

https://www.wicourts.gov/courts/livestream.htm

Choose Dane Cty Branch 9

July 19, 2021: Reply Comments Opposing ATC's Motion to Stay

By Driftless Area Land Conservancy

Environmental Law and Policy Center attorneys filed a Reply Brief Opposing Transmission Companies' Motion to Stay filed in the Circuit Court by Dane County, Iowa County, Village of Montfort, Town of Wyoming, Driftless Area Land Conservancy, Wisconsin Wildlife Federation. “The Applicants’ extraordinary request for the PSC to rescind the CPCN for the Cardinal-Hickory Creek transmission line is an admission that they unlawfully interfered with the PSC’s decision-making process to produce a favorable Final Decision that is no longer defensible. While many of the facts remain shrouded from public view, what we know so far shocks the conscience.” DALC & WWF Reply

It’s unclear how the Public Service Commission will proceed concerning this unprecedented request to rescind a project approval. The Commission’s next Open Meeting is scheduled for Thursday, July 29, 10:30am. Additionally, Dane County Circuit Court Judge Jacob Frost has reaffirmed that the evidentiary hearings concerning these issues will remain on schedule and are to be held September 29 and 30, 2021.

July 14, 2021: Brief Opposing ATC's Motion to Stay

By Driftless Area Land Conservancy

Environmental Law and Policy Center attorneys filed a Brief Opposing Transmission Companies' Motion to Stay filed in the Circuit Court by Dane County, Iowa County, Village of Montfort, Town of Wyoming, Driftless Area Land Conservancy, Wisconsin Wildlife Federation. “The Court should reject the Transmission Companies’ attempted legal sanitization of their wrongdoing and Commissioner Huebsch’s bias or at least appearance of bias, which establishes a due process violation.” DALC & WWF Response Brief

June 29, 2021: ATC files to rescind permit. Statement forthcoming.

By Driftless Area Land Conservancy

Circuit Court Rules in DALC's Favor

By: Driftless Area Land Conservancy

Circuit Court Judge Jacob Frost issued a ruling in our favor on May 26, 2021. We have long asserted that that Commissioner Mike Huebsch had a perceived conflict of interest that biased his ruling in favor of the Cardinal Hickory Creek transmission line. This ruling is a huge victory for the case against ATC and the CHC line. “Essentially the judge said there’s a lot of smoke, and we’re entitled to make our case that there is fire.” Read the full decision here.

Court Challenges Continue

By Environmental Law and Policy Center

In addition to the state court case, Driftless Area Land Conservancy (DALC) and others are challenging various state and federal agency approvals for the CHC transmission line in three lawsuits in Federal Court.

The first lawsuit argues that the Public Service Commission of Wisconsin’s approval for the CHC transmission line is invalid because Commissioner Huebsch and Chair Valcq had entanglements with the parties supporting the transmission line. These entanglements violated federal Constitutional due process.

The Commissioners asked the U.S. District Court to dismiss our case, but Federal District Court Judge William Conley ruled that DALC and co-plaintiff Wisconsin Wildlife Federation (WWF) can proceed with their claims against Commissioners Huebsch and Valcq. The Commissioners appealed the Court’s decision to the U.S. Court of Appeals for the Seventh Circuit, arguing that they cannot be sued in federal court. We disagree! The parties have submitted briefs and held oral argument on February 17th. We await a decision by that Court.

Plaintiffs: Driftless Area Land Conservancy and Wisconsin Wildlife Federation

The second and third lawsuits challenge the environmental analysis and approvals issued by several federal agencies – the USDA Rural Utilities Service, U.S. Fish and Wildlife Service, and U.S. Army Corps of Engineers. For example, the agencies failed to consider alternatives like upgrades to existing lines paired with distributed generation, battery storage, demand response, and energy efficiency.

These cases are still in their early stages and will likely be litigated together. The current schedule calls for the parties to submit all of their briefs by early November, after which the Court will issue its ruling.

Plaintiffs: The Driftless Area Land Conservancy, Wisconsin Wildlife Federation, National Wildlife Refuge Association, Defenders of Wildlife

August, 2019: Wisconsin Public Service Commission’s Decision and DALC’s Response

By Driftless Area Land Conservancy

In spite of overwhelming public opposition, modeling by the Commission’s own staff, and the compelling testimony of expert witness, the Wisconsin Public Service Commission (PSC) has approved this project. Nevertheless, we are convinced that CHC is not in the public interest and that there are viable opportunities to stop this project through the court system. DALC is working closely with the Environmental Law & Policy Center, a highly reputable Midwest non-profit environment and natural heritage law firm to appeal this decision in both the state circuit court and in federal court. As of early 2020, these proceedings are just beginning to unfold. We will post updates as they develop.

April 8, 2022: Wisconsin Legislators call for a Hold on CHC Construction

A growing number of Wisconsin legislators are calling on the Public Service Commission (PSC) to pause the continuing construction of the Cardinal-Hickory Creek transmission line.

Senator Kelda Roys and Representative Sondy Pope sent letters in March. Now, they've also been joined by Senator Jon Erpenbach, Representative Dianne Hesselbein, and Representative Dave Considine, asking PSC Chair Rebecca Valcq to address concerns about the impacts caused by ongoing construction.

Federal Judge Conley’s ruling prohibiting the project from crossing the Upper Mississippi Wildlife and Fish Refuge calls completion of the project into question. Meanwhile, everyday there are more clear and lasting impacts on Wisconsin’s property and resources. The legislators ask the Commission to consider the irreparable damage that is being done by a project that ultimately may not be completed.

To prevent unnecessary damage, the legislators “ask that the Commission weigh the need to put a hold on continued work on the Cardinal-Hickory Creek project in Wisconsin following the ruling against the proposed river crossing.”

DALC appreciates these legislators for supporting their constituents and for their on-going work to protect our unique Driftless Area.

March 2022: Citizens Utility Board (CUB) calls for a Halt to Construction on the “Line to Nowhere”

Federal Judge William Conley’s final ruling of March 1, 2022 prohibits the Cardinal-Hickory Creek transmission line from crossing through the Upper Mississippi River National Wildlife and Fish Refuge. This ruling prohibits the CHC project from being constructed as proposed and approved by the Wisconsin Public Service Commission. I. E. There is no approved route allowing the CHC project to be completed. Even so, the developers continue to clear the path for the CHC line up to the Refuge from both the Iowa and Wisconsin sides.

In a recent letter, the Commission Citizens Utility Board (CUB) states, “the Utilities are knowingly building a bridge to nowhere.” As Wisconsin’s Independent Consumer Voice, CUB further stated, “to protect Wisconsin customers’ interests — their economic interests and their interests in a regulatory process that is based in fact and that puts the public interest before the private interests (emphasis added) of Wisconsin’s investor-owned utilities. As of December 31, 2021, the Utilities had spent $94,350,206 on project costs in Wisconsin, and it appears that they are now moving forward with the additional $334,974,794 of previously-approved Wisconsin expenditures.”

Therefore, CUB urges that “the Commission take the extraordinary step of immediately suspending all construction activities on the Wisconsin portion of the line. CUB also requests that the Commission reopen the CHC docket so as to consider next steps and under what conditions the Project may continue.” Read CUB’s initial and follow-up letters.

Environmental and Economic Expenses are Mounting Daily

It’s Time to Act

Federal Judge William Conley stated the ongoing construction activity “amounts to little more than an orchestrated trainwreck…”

CHC developers are gambling with Wisconsin ratepayers’ money in the hope that a solution will be found to connect the Iowa and Wisconsin sides of the CHC project.
Every day that construction continues, the dollar amount of that risk increases.
Every day construction continues, damage is being done to the environment. Trees that are felled and eco-systems that are ruined are lost regardless of the final resolution of this issue.
There is no risk that lights will go out if this project isn’t rushed through.

It’s time to call a halt to construction activities until the courts and the Wisconsin Public Service Commission resolve these issues.

You Can Help!

Urge your State Legislators and County Supervisors

to Call for an Immediate Halt to Construction Activities!

Ask lawmakers to make a public statement or resolution calling for a halt to all construction activities until the courts and the Wisconsin Public Service Commission resolve these issues.

Find Your County Supervisor:

Grant County – http://www.co.grant.wi.gov/Localgov_council.asp?locid=147
Iowa County – https://www.iowacounty.org/departments/countyboard/county-board-members
Dane County – https://board.countyofdane.com/supervisors

Find Your State Assemblyperson: https://docs.legis.wisconsin.gov/2021/legislators/assembly

Find Your State Senator: https://docs.legis.wisconsin.gov/2021/legislators/senate

Contact Governor Evers: 608- 266-1212, https://appengine.egov.com/apps/wi/governor/voice-an-opinion