On Thursday, a US appeals court overturned a lower court’s decision that halted a land exchange crucial for developers to proceed with constructing a significant clean energy transmission line through a Mississippi River wildlife refuge.
A three-judge panel from the Chicago-based 7th US Circuit Court of Appeals ruled that a Wisconsin federal judge’s preliminary injunction issued in March, which stopped progress on the final segment of the Cardinal-Hickory Creek high voltage line—a project that has already incurred $655 million in costs—was unjustified.
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The appeals court noted that the lower court failed to assess whether the three environmental groups challenging the land swap—the National Wildlife Refuge Association, Driftless Area Land Conservancy, and Wisconsin Wildlife Federation—were likely to prevail in their lawsuit.
This ruling removes a significant obstacle preventing developers ITC Midwest and Dairyland Power Cooperative from proceeding with clearing a path through the Upper Mississippi River National Wildlife and Fish Refuge for the power line, which is intended to link Iowa and Wisconsin.
The environmental groups, in a lawsuit filed in March, alleged that the land swap would unlawfully damage floodplains and disrupt essential wildlife habitat. Shortly after the 7th Circuit’s ruling, the Wisconsin court sought a temporary restraining order.
They also requested that the 7th Circuit suspend its order to allow the lower court to reconsider the matter.
