Articles Posted in Energy, Oil & Gas Law

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The circuit court affirmed the Trempealeau County Environment & Land Use Committee’s denial of a conditional use permit application for non-metallic mineral mining submitted by AllEnergy Corporation and allEnergy Silica, Arcadia, LLC (collectively, AllEnergy). The court of appeals affirmed the circuit court’s order. The Supreme Court affirmed, holding (1) the Committee applied the factors and considerations set forth in the applicable ordinance and thus kept within its jurisdiction in denying AllEnergy’s application for a conditional use permit; (2) there is substantial evidence to support the Committee’s decision to deny AllEnergy a conditional use permit; and (3) this court does not adopt the new legal doctrine urged by AllEnergy that a conditional use permit applicant is entitled to the permit under certain conditions. View "AllEnergy Corp. v. Trempealeau County Environment & Land Use Committee" on Justia Law

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Oneida Seven Generations Corporation proposed a renewable energy facility and sought a conditional use permit to install the facility in the City of Green Bay. The City voted to approve the conditional use permit but later voted to rescind the permit on the grounds that it was obtained through misrepresentation. The circuit court affirmed the City’s decision to rescind. The court of appeals reversed, concluding that the City’s decision that the permit was obtained through misrepresentation was not supported by substantial evidence. The Supreme Court affirmed, holding that, based on the evidence presented, the City could not reasonably conclude that the statements by Oneida Seven’s representative regarding the facility’s operations were misrepresentations. View "Oneida Seven Generations Corp. v. City of Green Bay" on Justia Law

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At issue in this case was whether the Public Service Commission of Wisconsin (PSC) correctly concluded the Wisconsin Power and Light's (WPL) application to construct a large, out-of-state, electric generating facility was properly reviewed under Wis. Stat. 196.49(3), the certificate of authority (CA) statute, or whether Wis. Stat. 196.491(3), the certificate of public convenience and necessity (CPCN) statute, should have been applied. The Supreme Court affirmed the circuit court's order, which affirmed the PSC's interim order, holding that the PSC's interpretation of the CPCN law as applying exclusively to in-state facilities and its decision to analyze WPL's application under the CA law were reasonable, and there was not a more reasonable interpretation of the CA and CPCN laws. View "Wis. Indus. Energy Group v. Pub. Serv. Comm'n" on Justia Law