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DNR Grant a "Stay" on ATC's Permits
On Friday, February 18, 2005, the Wisconsin Department of Natural Resources ("DNR") approved a request to hold a contested case hearing and to "stay" a major environmental permit, under Chapter 30 of the Wisconsin Statutes, which is needed by the American Transmission Company ("ATC") and the two other utilities proposing to develop the controversial Arrowhead-Weston High Voltage Transmission Line Project ("Arrowhead-Weston Project") in northern Wisconsin. The request for the contested case hearing and Chapter 30 permit stay was filed with the DNR on January 24th by two of Wisconsin's largest grass-roots conservation organizations, Save Our Unique Lands, Inc. ("SOUL") and Clean Wisconsin, Inc. ("Clean Wisconsin"), along with seven individual citizens. The request challenged the most recent decisions of the DNR concerning the proposed 210-mile Arrowhead-Weston Project.
The seven individual citizens filing the request were: Thomas and Margaret Kreager of Marathon County, Sandy Lyon and Nick Vander Puy of Washburn County, Mark Liebaert of Douglas County, and Ward Winton and Kay Brown Winton of Sawyer County. The challenge was filed with the DNR to request a contested case hearing (which is like a trial) and to "stay" the DNR's December 22, 2004, Chapter 30 and Wetland Water Quality Certification decisions relating to the proposed Arrowhead-Weston Project. The stay acts like a temporary injunction that prevents the utilities from being able to do any construction in wetlands or across water bodies while it remains in effect. Attorney Glenn Stoddard, who represents the conservationists, said: "We commend the DNR for granting our request. As a result, the Arrowhead-Weston Project cannot be built as planned until a final decision is made by an administrative law judge appointed to hear the case.
This is a welcome 'kick in the teeth' to ATC and the other tow big utilities behind the project by the DNR. It should stop the Arrowhead-Weston project for now and prevent any adverse impacts to wetlands and water resources from this project for another year if not forever." According to Sandy Lyon, one of the individuals who requested the hearing and stay, "This is really good news because despite their misleading public relations campaign, ATC has absolutely no experience developing large transmission lines in northern Wisconsin's environmentally sensitive deep-marsh wetlands. That means they can't be trusted by the DNR or the public to protect our environment or to follow the law." Tom Kreager, President of SOUL, said: "This is a major victory for SOUL. After Douglas County's recent decision against building the Arrowhead-Weston Project on publicly-owned county forest lands, we are hopeful that ATC and the other utilities will now decide to abandon this project because it cannot be justified from any standpoint, be it economic, environmental or otherwise." Katie Nekola, energy program director at Clean Wisconsin, said: "We are very pleased with this development. Although we were disappointed with the DNR's earlier decision to approve the Chapter 30 permit for the Arrowhead-Weston Project, DNR's recent decision to stay that permit and grant a contested case hearing indicates that the DNR understands that this project may cause significant adverse impacts to wetlands, water resources and our environment if it is allowed to proceed. Clean Wisconsin has opposed the Arrowhead-Weston Project from the beginning and we will continue to do so in the hope that it can be stopped once and for all through legal action."
The Chapter 30 permit and Wetland Water Quality Certifications are being sought for the Arrowhead-Weston Project by ATC and Wisconsin Public Service Corporation ("WPSC"). Both utilities, along with a third partner in the State of Minnesota, Minnesota Power, are expected to make huge profits from the Arrowhead- Weston Project if it is ever built because they would be able to use it to wheel power through Wisconsin from other states and from Manitoba, Canada.
The DNR decisions that are at issue would allow the utilities to construct temporary bridges and structures in or near publicly owned navigable waters, conduct dredging in or near such waters, and allow filling and grading of many sensitive wetlands associated with public waterways and on private lands.
Stoddard said such activities would "be highly destructive to wetlands and waterways, and to the plants and animals that live there." The request that was filed by the conservation groups and individuals and approved by the DNR alleged that the DNR has a legal duty under state law to prohibit such destructive activities.
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