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ALBERT
CIRCUIT COUR1', BR. 3
STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY
Arcadia, WI 54612,
Plaintiffs,
10CVS248
v. Case No.
-------------------
Case Code: 30701
Declaratory Judgment
Defendant.
CARi 0 ESQUEDA
CLERK OF CtRCUIT COURT
SUMMONS
You are hereby notified that the plaintiff named above has filed a lawsuit or other
legal action against you. The Complaint, which is attached, states the nature and basis of
the legal action.
Within 45 days of receiving this Summons, you must respond with a written
Answer, as that term is used in Chapter 802 of the Wisconsin Statutes, to the Complaint.
The court may reject or disregard an Answer that does not follow the requirements of the
statutes. The Answer must be sent or delivered to the court, whose address is:
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and to the following person:
If you do not provide a proper Answer within 45 days, the court may grant
judgment against you for an award of money or other legal action requested in the
Complaint, and you may lose your right to object to anything that is or may be incorrect
in the Complaint. A judgment may be enforced as provided by law. A judgment
awarding money may become a lien against any real estate you own now or in the future
and may also be enforced by garnishment or seizure of property.
~~,~~
Glenn M. Stoddard
WI State Bar No. 1020964
Attorney for Plaintiffs David and
Deloras Vind
Mailing Address:
316 N. Barstow Street, Suite B
P.O. Box 227
Eau Claire, WI 54702
Tel: (715) 852-0345
Cell: (715) 864-3057
Fax: (715) 852-0349
Email: glennstoddard@gmail.com
2
STATE OF WISCONSIN "c;n~cmT COURT DANE COUNTY
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Plaintiffs,
10CV5248
v. Case No. -------------------
Case Code: 30701
Declaratory Judgment
COMPLAINT
STODDARD LAW OFFICE, as and for their Complaint against Defendant Public
FACTS
residents of the State of Wisconsin who own real estate and reside at French Creek Hill
"defendant") is an agency of the State of Wisconsin, created under Wis. Stat. § 15.79,
whose principal office is located at 610 N. Whitney Way, P.O. Box 7854, Madison,
Wisconsin 53707-7854.
3. Defendant has jurisdiction over public utilities under Wis. Stat. ch. 196,
including the approval of electric generating facilities of 100 megawatts or larger under
4. Defendant has a duty to develop and administer wind siting rules under
2009 Wis. Act 40, but in doing so it has a duty to comply with Wis. Stat. § 1.11 (the
"Wisconsin Environmental Policy Act" or "WEP A"), Wis. Stat. § 1.13(2), and Wis.
Rules," which created Wis. Admin. Code ch. PSC 128, also referred to as the "Wind
Siting Rule," 1-AC-231; Clearinghouse Rule 10-057 (attached hereto as Exhibit A).
August 31, 2010 "Order Adopting Final Rules," which created Wis. Admin. Code ch.
proposed which would be a major action significantly affecting the quality of the human
environment, including plaintiffs' quality of life, health, safety, and property rights.
wind energy ordinance in effect that protects the quality of the human environment,
including plaintiffs' quality of life, health, safety, and property rights, from the adverse
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9. As approved by defendant on August 31,2010, Wis. Admin. Code ch.
PSC 128 is a major action which will significantly affect the quality of the human
environment because it will pre-empt the Trempealeau County wind energy ordinance
and render it ineffective in protecting the quality of the human environment, including
draft version of Wis. Admin. Code ch. PSC 128, but plaintiffs' comments were rejected
or ignored by defendant.
11. Prior to its decision to approve Wis. Admin. Code ch. PSC 128, defendant
(hereinafter "EIS") on the proposed rule, as required under Wis. Stat. § 1.11 and Wis.
12. In developing and approving Wis. Admin. Code ch. PSC 128, defendant
also failed to design the rule to reflect a balance between defendant's mission and the
I. Defendant Failed to Fulfill its Duty Under WEPA, Wis. Stat. § 1.11(2), and
Wis. Admin. Code § PSC 4.10(2) to Conduct an Environmental Review Prior
to Approving the Rule.
13. Plaintiffs incorporate by reference all allegations set forth in the preceding
paragraphs.
14. Pursuant to WEPA, Wis. Stat. § 1.11(2), and Wis_ Admin. Code § PSC
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policies that would predetermine future individual commission actions" which may
unless defendant decides that a full EIS is necessary for the action or decision.
15. When defendant approved Wis. Admin. Code ch. PSC 128 it clearly
individual commission actions" which may "significantly affect the human environment"
by: (a) modifying Wis. Admin. Code ch. PSC 4, relating to defendant's responsibilities
under WEP A, Wis. Stat. § 1.11, in Section 1 of the rules; and (b) establishing a long-
range policy whereby defendant "shall consider whether the installation or use of a wind
energy system is consistent with the standards specified in [PSC 128] when reviewing an
application [for larger wind energy systems of 100 megawatts or larger] under s.
196.491(3)(d), filed on or after the effective date of [PSC 128]," under Wis. Admin. Code
§ PSC 128.02(3).
classified as Type III actions under Wis. Admin. Code § PSC 4.10(3), Table 3.w., this
provision does not apply to the creation and approval of Wis. Admin. Code ch. PSC 128,
actions" which may "significantly affect the human environment" and is, therefore, a
Type II action by defendant under Wis. Admin. Code § PSC 4.10(2), Table 2.m.
17. Even Type III actions, however, "may indicate that the preparation of an
EA or EIS is warranted for that proposal," under Wis. Admin. Code § PSC 4.10(3), and
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18. Under WEPA, Wis. Stat. § 1.11(2), defendant is expressly required by law
other major actions significantly affecting the quality of the human environment, a
detailed statement, substantially following the guidelines issued by the United States
fulfill its duty under WEPA, Wis. Stat. § 1.11(2), and Wis. Admin. Code § PSC 4.10(2),
to conduct an environmental review of Wis. Admin. Code ch. PSC 128 prior to approving
20. Because defendant failed to fulfill its duty under WEP A, Wis. Stat. §
1.11(2), and Wis. Admin. Code § PSC 4.10(2) in approving Wis. Admin. Code ch. PSC
128, the Court must declare the rule invalid and remand the rule to defendant for
II. Defendant Failed to Fulfill its Duty Under Wis. Stat. § 1.13(2) to Design the
Rule to Reflect a Balance Between Defendant's Mission and the Goals
Specified in Wis. Stat. § 1.13(2)
21. Plaintiffs incorporate by reference all allegations set forth in the preceding
paragraphs.
programs, [and] policies ... to reflect a balance between the mission of the agency
and .. .local comprehensive [land use] planning goals" and activities, including "balancing
individual property rights with community interests and goals" and "[p ]lanning and
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development of land uses that create or preserve varied and unique urban and rural
communities. "
23. Defendant's approval of Wis. Admin. Code ch. PSC 128 did not address
how defendant complied with the mandate set forth in Wis. Stat. § 1.13(2), and it failed
to: (a) balance "individual property rights with community interests and goals"; and (b)
address "[p ]lanning and development of land uses that create or preserve varied and
unique urban and rural communities" within the context of the mandate set forth for
24. Because defendant failed to fulfill its duty under Wis. Stat. § 1.13(2), as
described above, the Court must declare the rule invalid and remand the rule to defendant
RELIEF REQUESTED
judgment in their favor, pursuant to Wis. Stats. §§ 1.11(2), 1.13(2), and 227.40(1):
1. That because defendant failed to fulfill its duty under WEP A, Wis. Stat. §
1.11(2), and Wis. Admin. Code § PSC 4.10(2) in approving Wis. Admin. Code ch. PSC
128, the rule is invalid and shall be remanded to defendant for compliance with the law;
2. That because defendant failed to fulfill its duty under Wis. Stat. § 1.13(2),
and it failed to: (a) balance "individual property rights with community interests and
goals"; and (b) address "[P]lanning and development ofland uses that create or preserve
varied and unique urban and rural communities" within the context of the mandate set
forth for defendant under 2009 Wis. Act 40, the rule is invalid and shall be remanded to
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3. That the Court award plaintiffs their statutory attorney fees and costs as
4. That the Court order such other and further relief in favor of plaintiffs as it
Glenn M. Stoddard
WI State Bar No. 1020964
Attorney for Plaintiffs David and
Deloras Vind
Mailing Address:
316 N. Barstow Street, Suite B
P.O. Box 227
Eau Claire, WI 54702
Tel: (715) 852-0345
Cell: (715) 864-3057
Fax: (715) 852-0349
Email: glennstoddard@gmai1.com
7
HIL It
BEFORE TIm
The Public Service Commission of Wisconsin proposes an order to create ch. PSC 128
FISCAL ESTIMATE
EFFECTIVE DATE
This rule shall take effect on the :firstday of the first month following publication in the
CONTACT PERSONS
266-9600. Questions from small businesses may be directed to Anne Vandervort, Gas and
~.
regarding this matter should be directed to docket coordinator Deborah Erwin, at (608) 266-3905
Docket l-AC-231
commission's TTY number; if calling from Wisconsin use (800) 251-8345, ifcalling from
The commission does not discriminate on the basis of disability in the provision of
programs, services, or employment. Any person with a disability who needs accommodations to
participate in this rulemaking or who needs to obtain this document in a different format should
Attachments