Driftless Area Land Conservancy v. Huebsch, No. 20-1350 (7th Cir. 2020)Annotate this Case
The Wisconsin Public Service Commission issued a permit authorizing the construction of a $500 million electricity transmission line in southwestern Wisconsin. Two environmental groups sued under 42 U.S.C. 1983, seeking to invalidate the permit. The permit holders moved to intervene. The district court denied the motion. The permit holders appealed and moved for expedited review because the case continues without them in the district court.
The Seventh Circuit granted the motion, reversing the district court. The permit holders are entitled to intervene under Rule 24(a)(2) of the Federal Rules of Civil Procedure; “this is a paradigmatic case for intervention as of right.” The three basic criteria for intervention are satisfied: the intervention motion was timely; the transmission companies hold a valuable property interest in the permit that is under attack; and their interest will be extinguished if the plaintiffs prevail. The only disputed question was whether the existing defendants adequately represent their interests. The Commission regulates the transmission companies, it does not advocate for them or represent their interests. The transmission companies cannot be forced to rely entirely on their regulators to protect their investment in this enormous project, which they stand to lose if the plaintiffs are successful.