1.11 Annotation
Standing to challenge a final EIS requires that the agency decision directly cause injury to the interest of the petitioner, which must be an interest recognized by law. Fox v. DHSS,
112 Wis. 2d 514,
334 N.W.2d 532 (1983).
1.11 Annotation
An EIS is not required when the project will have minor impacts on the environment, but will have possible socio-economic impacts. Wisconsin Environmental Decade, Inc. v. DNR,
115 Wis. 2d 381,
340 N.W.2d 722 (1983).
1.11 Annotation
Increased traffic congestion was a sufficient allegation of injury to acquire standing to challenge a final EIS. Milwaukee Brewers v. DHSS,
130 Wis. 2d 56,
387 N.W.2d 245 (1986).
1.11 Annotation
When a state action did not come within an action type listed in DOA rules, an environmental assessment was required. A determination following an assessment that an EIS was not required for a building constructed for the state by a private developer under a lease/purchase agreement was reasonable under the circumstances. Larsen v. Munz Corp.
167 Wis. 2d 583,
482 N.W.2d 583 (1992).
1.11 Annotation
The test as to whether an EIS should be conducted is one of reasonableness and good faith. When conditions for approval that compensate for any adverse environmental impacts are imposed, the statutory threshold of significant environmental impact is not crossed and no EIS is required. State ex rel. Boehm v. DNR,
174 Wis. 2d 657,
497 N.W.2d 445 (1993).
1.11 Annotation
Section 227.42 (1) does not grant a right to a contested case hearing regarding the need for an EIS. North Lake Management District v. DNR,
182 Wis. 2d 500,
513 N.W.2d 703 (Ct. App. 1994).
1.11 Annotation
When the legislature has selected a specific project site, consideration of alternative sites is too remote and speculative and not reasonably related to the proposed project. Shoreline Park Preservation, Inc. v. DOA,
195 Wis. 2d 750,
537 N.W.2d 388 (Ct. App. 1995),
94-2512.
1.11 Annotation
It was reasonable to suspend the requirement for a draft EIS and the corresponding comment period, when legislatively imposed time constraints could not have been met if they were not suspended. RURAL v. PSC,
2000 WI 129,
239 Wis. 2d 660,
619 N.W.2d 888,
99-2430.
1.11 Annotation
Court review of an EIS is narrow. The PSC's determination that an EIS is adequate is a conclusion of law that is accorded great weight deference. An EIS must be assessed in light of the rule of reason, which requires an EIS to furnish only such information as appears to be reasonably necessary under the circumstances for evaluation of the project rather than to be so all-encompassing in scope that the task of preparing it would become either fruitless or well nigh impossible. While reasonable alternatives are to be considered, every potentiality need not be evaluated. Clean Wisconsin, Inc. v. Public Service Commission,
2005 WI 93,
282 Wis. 2d 250,
700 N.W.2d 768,
04-3179.
1.11 Annotation
The EIS is an informational tool that does not compel a particular decision by the agency or prevent the agency from concluding that other values outweigh the environmental consequences of a proposed action. Clean Wisconsin, Inc. v. Public Service Commission,
2005 WI 93,
282 Wis. 2d 250,
700 N.W.2d 768,
04-3179.
1.11 Annotation
Agency decision-making under the Wisconsin environmental policy act. 1977 WLR 111.
1.12
1.12
State energy policy. 1.12(1)(1)
Definitions. In this section:
1.12(1)(b)
(b) "State agency" means an office, department, agency, institution of higher education, the legislature, a legislative service agency, the courts, a judicial branch agency, an association, society, or other body in state government that is created or authorized to be created by the constitution or by law, for which appropriations are made by law, excluding the Health Insurance Risk-Sharing Plan Authority and the Wisconsin Economic Development Corporation.
1.12(2)
(2) Conservation policy. A state agency or local governmental unit shall investigate and consider the maximum conservation of energy resources as an important factor when making any major decision that would significantly affect energy usage.
1.12(3)(a)(a)
Energy efficiency. It is the goal of the state to reduce the ratio of energy consumption to economic activity in the state.
1.12(3)(b)
(b)
Renewable energy resources. It is the goal of the state that, to the extent that it is cost-effective and technically feasible, all new installed capacity for electric generation in the state be based on renewable energy resources, including hydroelectric, wood, wind, solar, refuse, agricultural and biomass energy resources.
1.12(3)(c)
(c)
Afforestation. It is the goal of the state to ensure a future supply of wood fuel and reduce atmospheric carbon dioxide by increasing the forested areas of the state.
1.12(4)
(4) Priorities. In meeting energy demands, the policy of the state is that, to the extent cost-effective and technically feasible, options be considered based on the following priorities, in the order listed:
1.12(4)(a)
(a) Energy conservation and efficiency.
1.12(4)(b)
(b) Noncombustible renewable energy resources.
1.12(4)(c)
(c) Combustible renewable energy resources.
1.12(4)(d)
(d) Nonrenewable combustible energy resources, in the order listed:
1.12(4)(d)2.
2. Oil or coal with a sulphur content of less than 1%.
1.12(5)
(5) Meeting energy demands. 1.12(5)(a)(a) In designing all new and replacement energy projects, a state agency or local governmental unit shall rely to the greatest extent feasible on energy efficiency improvements and renewable energy resources, if the energy efficiency improvements and renewable energy resources are cost-effective and technically feasible and do not have unacceptable environmental impacts.
1.12(5)(b)
(b) To the greatest extent cost-effective and technically feasible, a state agency or local governmental unit shall design all new and replacement energy projects following the priorities listed in
sub. (4).
1.12(6)
(6) Siting of electric transmission facilities. In the siting of new electric transmission facilities, including high-voltage transmission lines, as defined in
s. 196.491 (1) (f), it is the policy of this state that, to the greatest extent feasible that is consistent with economic and engineering considerations, reliability of the electric system, and protection of the environment, the following corridors should be utilized in the following order of priority:
1.12(6)(c)
(c) Recreational trails, to the extent that the facilities may be constructed below ground and that the facilities do not significantly impact environmentally sensitive areas.
1.12 Note
NOTE: 1993 Wis. Act 414, which creates subs. (1) and (3) to (5), contains extensive explanatory notes.
1.12 Cross-reference
Cross-reference: See also ch.
NR 150 and s.
PSC 4.30, Wis. adm. code.
1.12 Annotation
PSC decisions under s. 196.025 (4) applying the energy source priorities under sub. (4) are entitled to great weight deference. When the PSC makes a determination under the plant siting law, s. 196.491, it applies sub. (4) in the context of determining whether to approve the requested plant siting. The question the PSC should ask is: Given the requirements of the plant siting law, what is the highest priority energy option that is also cost effective and technically feasible? Clean Wisconsin, Inc. v. Public Service Commission,
2005 WI 93,
282 Wis. 2d 250,
700 N.W.2d 768,
04-3179.
1.13
1.13
Land use planning activities. 1.13(2)
(2) Each state agency, where applicable and consistent with other laws, is encouraged to design its programs, policies, infrastructure and investments of the agency to reflect a balance between the mission of the agency and the following local, comprehensive planning goals:
1.13(2)(a)
(a) Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.
1.13(2)(b)
(b) Encouragement of neighborhood designs that support a range of transportation choices.
1.13(2)(c)
(c) Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open spaces and groundwater resources.
1.13(2)(d)
(d) Protection of economically productive areas, including farmland and forests.
1.13(2)(e)
(e) Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state governmental and utility costs.
1.13(2)(f)
(f) Preservation of cultural, historic and archaeological sites.
1.13(2)(g)
(g) Encouragement of coordination and cooperation among nearby units of government.
1.13(2)(h)
(h) Building of community identity by revitalizing main streets and enforcing design standards.
1.13(2)(i)
(i) Providing an adequate supply of affordable housing for individuals of all income levels throughout each community.
1.13(2)(j)
(j) Providing adequate infrastructure and public services and an adequate supply of developable land to meet existing and future market demand for residential, commercial and industrial uses.
1.13(2)(k)
(k) Promoting the expansion or stabilization of the current economic base and the creation of a range of employment opportunities at the state, regional and local levels.
1.13(2)(L)
(L) Balancing individual property rights with community interests and goals.
1.13(2)(m)
(m) Planning and development of land uses that create or preserve varied and unique urban and rural communities.
1.13(2)(n)
(n) Providing an integrated, efficient and economical transportation system that affords mobility, convenience and safety and that meets the needs of all citizens, including transit-dependent and disabled citizens.
1.13(3)
(3) Consistently with other laws, each state agency, whenever it administers a law under which a local governmental unit prepares a plan, is encouraged to design its planning requirements in a manner that makes it practical for local governmental units to incorporate these plans into local comprehensive plans prepared under
s. 66.1001.
1.13 History
History: 1999 a. 9,
148;
2001 a. 30.
1.14
1.14
Display of flag at public buildings, structures, and facilities. 1.14(2)
(2) Each state agency, state authority, and local governmental unit shall ensure that each United States flag that is displayed at each building, structure, or facility that is owned or occupied entirely by the agency, authority, or unit is manufactured in the United States.
1.14 History
History: 2007 a. 166.
