Description: Challenge to the Wisconsin Public Service Commission’s decision approving a Certificate of Public Convenience and Necessity (CPCN) for a proposed 625-megawatt natural gas-powered generating facility.
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Clean Wisconsin, Inc. v. Public Service Commission
Case Documents:
Filing Date Type File Action Taken Summary 06/30/2022 Notice of Appeal Notice of appeal filed by Clean Wisconsin and Sierra Club. 05/17/2022 Decision Public Service Commission approval upheld. Wisconsin State Court Upheld Natural Gas Power Plant Approval. A Wisconsin Circuit Court upheld the Wisconsin Public Service Commission’s decision approving a Certificate of Public Convenience and Necessity (CPCN) for the Nemadji Trail Energy Center, a proposed 625-megawatt natural gas-powered generating facility. Madison.com reported that the court rejected arguments that the Commission failed to fully consider the power plant’s environmental impacts. 02/28/2020 Petition for Review Download Petition for review filed. Environmental Groups Challenged Wisconsin Approval for New Natural Gas Power Plant. Clean Wisconsin and Sierra Club filed a lawsuit challenging the Wisconsin Public Service Commission’s decision approving a Certificate of Public Convenience and Necessity (CPCN) for the Nemadji Trail Energy Center, a proposed 625-megawatt natural gas-powered generating facility. The petitioners alleged that they had standing because they and their members “have an interest in reducing greenhouse gas emissions, are affected by global climate change, and will be further adversely affected if additional sources, such as the gas plant in this case, are allowed to add even more CO2-equivalent to the atmosphere” and also because petitioners’ members included individuals who would be affected by other environmental impacts and who would be responsible for paying the costs of the proposed facility. The petitioners asserted that the Commission made errors of law, fact, procedure, and discretion when it determined that the statutory standards for approving a CPCN were met. The petitioners also asserted that the Commission failed to comply with obligations under Wisconsin’s Energy Priorities Law and the Wisconsin Environmental Protection Act.