According to the Wisconsin State Journal, a three-judge panel for the 7th Circuit Court of Appeals on Wednesday reversed a lower-court decision barring the completion of the controversial Cardinal-Hickory Creek Transmission Line through southwest Wisconsin. The court left open the possibility, however, that those opposed to the power line could bring suit after federal regulators make a final decision on the project.
The line’s route across the refuge would largely follow a road and railroad that already cross it.
The federal appeals court found that without a final decision from the U.S. Fish and Wildlife Service on whether the power line can cross the Upper Mississippi River National Wildlife and Fish Refuge, a judicial decision on the question would be premature.
The panel also noted the Fish and Wildlife Service has not reached a decision regarding a separate proposal to accept land from the utilities in return for permission to cross the refuge.
The decision was widely supported by the utilities behind the mostly completed, 102-mile line between Iowa and Middleton. The Environmental Law and Policy Center on behalf of the National Wildlife Refuge Association, Driftless Area Land Conservancy, Wisconsin Wildlife Federation, and Defenders of Wildlife have argued the line is unnecessary and expensive and that it cannot legally cross the refuge.
The utilities building the over $500 million project say the line will improve reliability and deliver clean wind energy from Iowa to places that need it. Industry groups and academics say the electric grid will need many more such long-distance lines to replace fossil fuels.
