COUNTY OF DANE v. PUBLIC SERVICE COMM'N

Nos. 2021AP1321-LV & 2021AP1325.

976 N.W.2d 790 (2022)

2022 WI 61

COUNTY OF DANE, County of Iowa, Town of Wyoming and Village of Montfort, Petitioners-Respondents, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Respondent, Driftless Area Land Conservancy, Wisconsin Wildlife Federation, Chris Klopp, LeRoy Belken, Gloria Belken, S.O.U.L. of Wisconsin, Clean Energy Organizations, Dairyland Power Co-operation, I.T.C. Midwest, LLC, American Transmission Company, Midcontinent Independent System Operator, Inc. and WEC Energy Group Wisconsin, Intervenors-Respondents, Michael Huebsch, Other Party-Petitioner-Petitioner. County of Dane, Iowa County, Town of Wyoming and Village of Montfort, Petitioners-Respondents, v. Public Service Commission of Wisconsin, Respondent-Respondent-Respondent, Driftless Area Land Conservancy, Intervenor-Petitioner-Respondent, Wisconsin Wildlife Federation, Chris Klopp, LeRoy Belken, Gloria Belken, S.O.U.L. Wisconsin, Clean Energy Organizations, Dairyland Power Cooperative, ITC Midwest LLC, American Transmission Company, LLC, Midcontinent Independent System Operator, Inc., ATC, LLC and WEC Energy Group, Inc., Intervenors-Respondents, Michael Huebsch, Other Party-Appellant-Petitioner, Robert M. Garvin, Other Party.

Supreme Court of Wisconsin.

Opinion Filed: July 7, 2022.


Attorney(s) appearing for the Case

For the other party-petitioner-petitioner in 2021AP1321-LV and other party-appellant-petitioner in 2021AP1325, there were briefs by Ryan J. Walsh , John K. Adams , John D. Tripoli and Eimer Stahl LLP, Madison. There was an oral argument by Ryan J. Walsh.

For the intervenor-respondent Clean Energy Organizations, there was a brief filed by Amelia Vohs , Sean Brady , Kevin M. St. John , John N. Giftos , Roisin H. Bell and Minnesota Center for Environmental Advocacy, Saint Paul, Clean Grid Alliance, Saint Paul, and Bell Giftos St. John LLC, Madison. There was an oral argument by Barret Van Sicklen .

For the petitioners-respondents County of Dane, Iowa County, Town of Wyoming and Village of Montfort, intervenor respondent in 2021AP1321-LV and intervenor-petitioner-respondent in 2021AP1325, Driftless Area Land Conservancy, and for the intervenors-respondents, Wisconsin Wildlife Federation, S.O.U.L. of Wisconsin, Gloria Belken, and Chris Klopp, there was a brief filed by Catherine E. White , Howard A. Learner , Bradley D. Klein , Ann Jaworski and Hurley Burish S.C., Madison, and Environmental Law & Policy Center, Chicago. For the intervenors-respondents, there was an oral argument by Barret Van Sicklen.

For intervenor-respondent, Midcontinent Independent System Operator, there was a brief filed by Jeffrey L. Small , Warren J. Day , Amanda James and Midcontinent Independent System Operator, Inc., Carmel, Law Office of Warren J. Day, Oregon, and Sullivan & Ward, P.C., West Des Moines. There was an oral argument by Barret Van Sicklen.

For intervenors-respondents, American Transmmission Company, Dairlyand Power Cooperative, and ITC Midwest, there was a brief filed by Brian H. Potts , Valerie T. Herring , Justin W. Chasco , and Perkins Coie LLP, Madison, Taft Stettinius & Hollister, Minneapolis, and Wheeler, Van Sickle & Anderson, S.C., Madison. There was an oral argument by Barret Van Sicklen.

For the respondent-respondent in 2021AP1321-LV and the respondent-respondent-respondent in 2021AP1325, there was a brief filed by Cynthia E. Smith , Zachary Peters , Christiane A.R. Whiting and Public Service Commission of Wisconsin, Madison. There was an oral argument by Christiane A.R. Whiting.

An amicus curiae brief was filed by Evan Feinauer and Katie Nekola for Clean Wisconsin, Inc.

An amicus curiae brief was filed by Matthew M. Fernholz and Cramer, Multhauf & Hammes, LLP, Waukesha, for Wisconsin Manufacturers and Commerce.

An amicus curiae brief was filed by Benjamin B. Sloan , Matthew M. Fernholz , and Organization of MISO States, Madison, and Cramer, Multhauf & Hammes, LLP, Waukesha, for Organization of MISO States, Inc.

An amicus curiae brief was filed by Robert S. Driscoll and Reinhart Boerner Van Deuren S.C., Milwaukee, for American Clean Power Association.

An amicus curiae brief was filed by Scott E. Rosenow and WMC Litigation Center, Madison, for Wisconsin Manufacturers and Commerce, Inc., Wisconsin Utilities Association, Inc., and Edison Electric Institute.

An amicus curiae brief was filed by James Bradford Ramsay , Lane E.B. Ruhland , and National Association of Regulatory Utility Commissioners, Washington, D.C., and Ruhland Law and Strategy, Waunakee, for National Association of Regulatory Utility Commissioners.

ROGGENSACK, J., delivered the majority opinion of the Court with respect to ¶4, in which ZIEGLER, C.J., REBECCA GRASSL BRADLEY, and HAGEDORN, JJ., joined, and an opinion, in which ZIEGLER, C.J., REBECCA GRASSL BRADLEY, JJ., joined. HAGEDORN, J., filed a concurring opinion. KAROFSKY, J., filed a dissenting opinion, in which ANN WALSH BRADLEY and DALLET, JJ., joined.


¶1 Dane County filed this Wis. Stat. ch. 227 (2019-20)1 action in Dane County Circuit Court to contest the merits of the Public Service Commission's (PSC)2 approval of the Cardinal-Hickory Creek Transmission Line...

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