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DRIFTLESS AREA LAND CONSERVANCY v. VALCQ

No. 20-3325.

16 F.4th 508 (2021)

DRIFTLESS AREA LAND CONSERVANCY and Wisconsin Wildlife Federation, Plaintiffs-Appellees, v. Rebecca VALCQ and Tyler Huebner, in their official capacities as members of the Public Service Commission of Wisconsin, Defendants-Appellants, and American Transmission Company LLC, et al., Intervenor Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 2021.

Attorney(s) appearing for the Case

Stephen Paul Hurley , Catherine E. White , Attorneys, Hurley Burish, S.C., Madison, WI, Howard A. Learner , Attorney, Environmental Law & Policy Center, Chicago, IL, for Plaintiffs-Appellees.

Christianne Whiting , Zachary Peters , Cynthia E. Smith , Attorneys, Public Service Commission of Wisconsin, Madison, WI, for Defendants-Appellants.

Brian H. Potts , Attorney, Perkins Coie LLP, Madison, WI, for Intervenor American Transmission Company LLC.

Justin W. Chasco , Attorney, Wheeler, Van Sickle & Anderson, Madison, WI, for Intervenor Dairyland Power Cooperative.

Valerie Herring , Attorney, Taft Stettinius & Hollister LLP, Minneapolis, MN, for Intervenor ITC Midwest LLC.

Before Sykes, Chief Judge, and Flaum and Rovner, Circuit Judges.

This appeal is another chapter in concurrent federal and state litigation challenging the construction of a $500 million, 100-mile power line in southwestern Wisconsin. In September 2019 the Public Service Commission of Wisconsin issued a permit authorizing two transmission companies and an electricity cooperative to build and...

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