Wind Industry Applauds Court’s Decision to Uphold PSC 128
Dismissal of legal challenge to state wind siting rule provides certainty for wind industry
MADISON, WISC. (April 29, 2013) – Today, Brown County Circuit Court Judge William Atkinson dismissed a lawsuit filed by the Wisconsin Realtors Association (WRA) regarding the validity of Wisconsin’s uniform wind siting rule, PSC 128. The decision makes clear that the Public Service Commission of Wisconsin (PSC) acted lawfully in promulgating the balanced and comprehensive wind siting rule, as directed by the Legislature.
“Today’s decision represents a victory for Wisconsin’s growing wind industry,” said Wind on the Wires Executive Director Beth Soholt. “With this meritless claim as to the legality of PSC 128 now dismissed, the industry has the certainty it needs to continue creating construction, manufacturing, transportation and operation and maintenance jobs in Wisconsin.”
In the lawsuit filed last summer, WRA
alleged that PSC 128 was not lawfully promulgated, arguing that a report on
housing impacts was required and that the health expert on the Wind Siting
Council that made recommendations to the PSC during the rulemaking process did
not meet statutory requirements. In an oral decision, the judge dismissed these
claims, ruling that PSC 128 does not “directly or substantially” impact
housing, as required before an administrative agency must request a housing
impact study, and that the health expert on the Wind Siting Council was, in
fact, qualified to assess potential health impacts resulting from the
implementation of PSC 128.
“We hope that today’s decision will help put an end to the challenges from opposition groups that have plagued the Wisconsin wind industry recently,” said Soholt. “We look forward to working with Wisconsin residents and businesses to move forward following this decision and attain the economic benefits that the uniform standards in PSC 128 can provide.”
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About Wind on the Wires
Wind on the Wires is a 501(c)(3) nonprofit organization based in St. Paul, Minn., which is comprised of wind developers, environmental organizations, tribal representatives, public interest groups, clean energy advocates, farm groups and businesses providing goods and services to the wind industry. Our mission is to overcome the barriers to bringing wind energy to market by addressing technical and regulatory issues, as well as through education and public outreach.