By Jennifer Lazewski, WSO Executive Director
Although WSO and other bird advocates have done everything possible to protect Greater Prairie-chickens in Portage County, the large Vista Sands Solar facility has been approved to be constructed next to the Buena Vista Wildlife Area (BVWA). At the time this article was written, the Public Service Commission has reached its 3-0 decision to approve the construction application but has not yet published the decision and specific conditions in writing. VSS also needs to comply with all upcoming DNR permits for the construction process to proceed.
While the PSC decision can be appealed to a district court, the statutory requirements consider all environmental factors together as a group. Detriment to the state-threatened Greater Prairie-chicken and other wildlife is weighed in the same category as the impacts of renewable energy and impacts to water quality and levels caused by taking some agricultural areas out of production. PSC decisions on this type of application require a weighing process with relatively low standards. As long as the PSC Commissioners made a considered decision that included all the evidence, it is extremely difficult to overturn a PSC decision. While the Wisconsin Endangered Species Act applies also, this law does not have a clear priority or previous court decisions to override other statutory requirements.
PSC proceedings are also unusual because the DNR is not an independent party but rather an advisor to the PSC on environmental matters and not a separate decision maker. While the DNR advocated for a larger buffer zone around BVWA in the Environmental Impact Statement (EIS) and testimony, the Department also analyzed water, soil, and other issues in the EIS. Again, the prairie chickens are just part of the picture on environmental impact.
As much as we all wish the outcome was different, it would take a tremendous amount of time, dollars and energy to overcome what has happened in this particular situation. Conservation agencies and organizations failed to prepare for such a possibility with discussions and policies about siting BEFORE construction plans. Hopefully that can happen before other new plans get too far along.
WSO will also continue working with its public and private partners on further efforts under the Greater Prairie-chicken management plan and with the Prairie Chicken Festival in April. We hope you will continue to engage in and contribute to the future of Greater Prairie-chickens and other grassland birds as WSO continues its efforts on their behalf.
