National Wildlife Refuge Association v. Rural Utilities Services

Docket number(s): 21-cv-96-wmc

Court/Admin Entity: U.S. District Court for the Western District of Wisconsin 

Principal Laws:
Administrative Procedure Act
National Environmental Policy Act
National Wildlife Refuge System Improvement Act of 1997

Description:
APA challenge to a 101 mile transmission line that will run from Wisconsin to Iowa and cross a section of the upper Mississippi River. One of the plaintiff’s standing claims for irreparable harm includes the concerns that the project will lead to an increase in the runoff of nutrients and pollutants into the Mississippi River. 

CASE DOCUMENTS:

FILING DATETYPESUMMARY
02/10/2021ComplaintConservation groups challenged environmental review for Midwest Transmission Line
04/07/2021MotionAmerican Transmission Company LLC et al. filed motion to intervene as defendants
10/08/2021 MotionPlaintiffs filed motion for preliminary injunction
11/01/2021ReplyPlaintiffs field reply brief in support of motion for summary judgment
11/01/2021OrderIntervenor-defendants were enjoined from any activities requiring permission under the Utility Regional General Permit until the issuance of an opinion and order on summary judgment. 
07/19/2023OrderCourt removed preliminary injunction that barred developers from commencing construction activities.
09/11/2023JudgmentFederal appeals court issued final judgment on cross claim in favor of defendants and declined to issue a permanent injunction.
09/14/2023MotionPlaintiff’s reply motion in support of a status conference due to recent updates related to the litigation.

Case Categories: States > Wisconsin