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The Climate Litigation Database
Litigation

Driftless Area Land Conservancy v. Rural Utilities Service

Date
2021
Geography
Wisconsin
Part of
National Wildlife Refuge Association v. Rural Utilities Service

About this case

Filing year
2021
Status
Denial of permanent injunction affirmed and district court judgment vacated because action was premature in the absence of final agency action.
Geography
Docket number
22-1347
Court/admin entity
United States → United States Federal CourtsUnited States → United States Seventh Circuit (7th Cir.)
Case category
Federal Statutory Claims → Clean Water ActFederal Statutory Claims → Endangered Species Act and Other Wildlife Protection StatutesFederal Statutory Claims → NEPAFederal Statutory Claims → Other Statutes and Regulations
Principal law
United States → Administrative Procedure Act (APA)United States → Clean Water Act (CWA)United States → Endangered Species Act (ESA)United States → National Environmental Policy Act (NEPA)United States → National Wildlife Refuge System Improvement Act of 1997
At issue
Challenges to a 101-mile high-voltage transmission line running from Iowa to a substation in Wisconsin.

Documents

Filing Date
Type
Action Taken
Document
Summary
07/19/2023
Decision
Denial of permanent injunction affirmed and district court judgment vacated because action was premature in the absence of final agency action.
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08/31/2022
Response
Response and reply brief filed by American Transmission Co. et al.
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08/25/2022
Statement
Amended jurisdictional statement filed by American Transmission Co. et al.
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08/08/2022
Statement
Amended jurisdictional statement filed.
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08/08/2022
Reply
Federal defendants-appellants filed combined reply brief on appeal and responsive brief on cross-appeal.
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07/13/2022
Amicus Motion/Brief
Brief filed by Iowa and Dane County as amici curiae in support of plaintiffs-appellees/cross-appellants Driftless Area Land Conservancy et al.
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07/08/2022
Brief
Response/opening brief filed by plaintiffs-appellees/cross-appellants National Wildlife Refuge Association et al.
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06/08/2022
Brief
Opening brief filed by federal defendants-appellants.
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05/25/2022
Decision
Motion for injunctive relief denied without prejudice to renewal after presentation to the district court.
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05/18/2022
Motion
Motion filed by cross-appellants National Wildlife Refuge Association et al. for an injunction temporarily stopping transmission line construction while the transmission companies' appeal is pending.
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04/27/2022
Amicus Motion/Brief
Brief filed by amicus curiae National Rural Electric Cooperative Association supporting defendants-appellants.
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04/27/2022
Amicus Motion/Brief
Brief filed by American Clean Power Association and the Clean Grid Alliance as amici curiae in support of intervenor-defendant-appellants.
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04/27/2022
Amicus Motion/Brief
Brief filed by Edison Electric Institute and Energy and Wildlife Action Coalition in support of intervenor-defendant-appellants and reversal.
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04/27/2022
Amicus Motion/Brief
Brief filed by amicus curiae Midcontinent Independent System Operator, Inc. supporting intervenor-defendant-appellants' petition seeking reversal.
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04/13/2022
Brief
Initial brief filed by intervenor-defendant-appellants American Transmission Company LLC et al.
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03/30/2022
Response
Response filed by conservation group appellees in opposition to appellants' motion for a stay pending appeal and appellees' motion for affirmative relief.
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Summary

Challenges to a 101-mile high-voltage transmission line running from Iowa to a substation in Wisconsin.