| Wind Watch is a registered educational charity, founded in 2005. |
Court dismisses wind developer suit against Wisconsin towns’ ordinances
Credit: Ryan Lasee · Farmland First · May 21, 2025 · facebook.com/groups/753332106385192 ~~
Background
Marathon Wind Farm sued two towns—Brighton and Eau Pleine—claiming their local wind energy ordinances were too restrictive and therefore unlawful under Wisconsin state law. Specifically, they claimed the towns’ rules went beyond what is allowed under state law and Public Service Commission (PSC) regulations.
Marathon Wind Farm asked the court to:
- Declare the local ordinances void, and
- Issue a permanent injunction preventing their enforcement.
The towns responded with motions to dismiss, arguing the case should be thrown out because the ordinances were legally valid.
Key Legal Issues
The court focused on one core question: Did the local ordinances exceed what state law and PSC rules allow?
The court analyzed five categories of Marathon’s complaints:
- Licensing and renewal terms – The towns require periodic license renewals. The court found this a valid compliance mechanism under PSC rules.
- Pre-application consultations and application requirements – These requirements mirrored PSC guidance documents and were valid.
- Decommissioning plans and financial surety – The towns required decommissioning plans and financial guarantees. This was allowed under PSC rules and considered reasonable.
- Compliance monitoring – The towns allowed themselves to inspect wind systems, not just hire third-party inspectors. The court said this was also within state guidelines.
- Subjective evaluation criteria – The ordinances included factors like economic impact, health, safety, zoning compatibility, and military airspace interference. The court found all these were referenced in state rules or PSC guidance and were legitimate for consideration.
Decision
The court rejected all of Marathon Wind Farm’s procedural arguments, including claims that the towns filed their motions too late.
It also rejected all of Marathon’s legal arguments on the substance.
The court found that the towns acted within the scope of authority granted by Wisconsin law and PSC rules.
Therefore, the judge granted the towns’ motions to dismiss.
The case is dismissed entirely and on the merits, meaning Marathon Wind Farm lost, and cannot refile the same claims in this court.
Bottom Line
The towns’ ordinances regulating wind energy systems were found to be legal and enforceable. The wind farm’s legal challenge failed because the ordinances did not exceed the limits of local authority under state law or administrative rules.
This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.
The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.
| Wind Watch relies entirely on User Contributions |
 (via Stripe) |
 (via Paypal) |
Share:
[ Short URL: https://wind-watch.org/news/?p=108102 ]
| Tag: Victories |
