Sierra Club v. Public Service Commission of Wisconsin

Sierra Club petitioned for review of a Public Service Commission of Wisconsin (PSC) decision approving a certificate of authority for two liquefied natural gas (LNG) storage facilities. Sierra Club asserted that the PSC made errors of law, fact, procedure, and discretion when it determined that the application for the certificate of authority met the standards of the Wisconsin Environmental Policy Act (WEPA) and WEPA regulations, Wisconsin’s Energy Priorities Law, and the certificate of authority statute. In particular, Sierra Club contended that the PSC erred in its findings regarding the need for the project, including because the applicants’ analysis assumed “exponential growth” in natural gas use for at least 10 years and no reduction in gas use at any point. Sierra Club alleged that these projections were inconsistent with federal and State policy commitments to reduce climate pollution. Sierra Club also alleged that the PSC’s environmental assessment did not acknowledge or discuss the facilities’ greenhouse gas impacts or the conflicts with federal and State climate change policy.