Federal Judge Tosses Wis Wildlife Refuge Lawsuit Over Power Line Land Swap

0
120

Legal Loopholes or Legal Logic?

Conservation groups warned that accepting the government’s interpretation opened the door for abuse, effectively allowing major infrastructure projects to sidestep refuge protections. Conley called that their “most sympathetic argument” but dismissed it, saying federal law already imposes safeguards, just not to the extent environmentalists preferred.

He further concluded that the refuge’s Comprehensive Conservation Plan (CCP) did not bar land swaps, granting the Fish and Wildlife Service broad discretion. On NEPA claims, the judge also ruled against the plaintiffs, finding no procedural violations in environmental review or public comment.

Reactions From Both Sides

Utilities hailed the decision. Counsel Thomas C. Jensen said opposition to the transmission line was “self-defeating,” calling the project vital for moving renewable energy across the Midwest grid. In a joint statement, ITC Midwest and Dairyland declared the ruling ends “several years of serial litigation” against the project.

Signup for the USA Herald exclusive Newsletter

The conservationists, however, signaled disappointment. Their attorney Howard A. Learner stressed that while the court acknowledged some of their points, “the groups are disappointed by the ultimate decision on the statutory standards applying to large transmission lines running through protected National Wildlife Refuges.” The groups are now reviewing potential next steps.