Two Central Wisconsin Towns Are Being Sued Over Restrictive Wind Ordinances

Wednesday, June 26th, 2024 -- 11:01 AM

(Joe Schulz, Wisconsin Public Radio) Two central Wisconsin towns are being sued over wind ordinances they passed that are stricter than state regulations on such developments.

According to Joe Schulz with Wisconsin Public Radio, it’s a case that could have ramifications for the state’s clean energy transition. Both in Wisconsin and nationally, local opposition to renewable energy projects has become a “widespread and growing” issue, presenting a “significant impediment” to achieving climate goals, according to a new report from Columbia Law School’s Sabin Center for Climate Change Law.

The report identified at least 395 restrictions local governments across the country have placed on wind and solar projects, with 55 of those restrictions coming in just the last year.

“We need a ton of new wind and solar resources, and clean energy infrastructure in general, to meet our climate goals,” said Jake Elkin, a renewable energy legal defense initiative fellow at Columbia’s Sabin Center. “One big barrier to meeting those goals is either local opposition to renewable energy projects or local ordinances, regulations that severely limit or prohibit the building of wind and solar.”

One of the projects facing strong local opposition is the Marathon Wind Farm, a 98 megawatt project in western Marathon County being developed by EDP Renewables, a developer that does business across the globe.

Last week, EDP Renewables subsidiary Marathon Wind Farm LLC sued the towns of Brighton and Eau Pleine for their ordinances restricting wind farms, arguing both ordinances violate state law.

In fact, local ordinances or zoning restrictions were the leading cause of wind project cancellations over the last five years and the second leading cause of solar cancellations, according to a survey of renewable developers released in January by the Lawrence Berkeley National Laboratory. In Wisconsin, the Columbia report identified at least nine towns in Marathon and Clark counties that have adopted ordinances more limiting than state law.

The ordinances in Marathon and Clark counties were adopted despite state law prohibiting local governments from placing restrictions on wind and solar unless those restrictions protect health and safety, do not significantly increase project costs or allow for an alternate system with roughly the same cost and efficiency.

Many of the local restrictions have been pushed by a nonprofit called “Farmland First,” framing wind and solar as threats to local health and agriculture. That’s despite research showing wind and solar do not harm human health, and can be beneficial to local farmers.

Feel free to contact us with questions and/or comments.