Responsible Energy Alliance Redoubles Initiative to Protect Communities, Lands in Wisconsin Counties

PORT WASHINGTON, Wis. - Rezul -- The Responsible Energy Alliance (REA) today reiterated its strong approval of the Wisconsin Public Service Commission's recent decision to revoke its prior determination that American Transmission Company's application for a new 345-kV transmission line, to power the Port Washington hyperscale AI data center being built by Vantage Data Centers, was complete. This action by the regulator effectively sends ATC back to the drawing board to develop a new transmission line proposal.

REA views the PSC revocation as vindication of the concerns it raised over many months about the sufficiency and accuracy of ATC's application, and underlying environmental review and cultural heritage issues. Looking to the future, REA announced plans to establish a permanent 501(c)3 entity, to be formed as part of its commitment to fight to protect "greenfield" areas –- pristine open lands consisting of farms, forests, wetlands, rural residences and the like - across Ozaukee and Washington counties against invasion by high-voltage transmission lines, where there is alternative routing already available along existing utility corridors.

"This is exactly the outcome we have been working toward," said Pastor Patti Plough, a leader and charter member of REA. "The PSC recognized what our members, our neighbors, and independent experts - not to mention the Commission's own staff -- have said all along: This application was fatally flawed and not ready for approval. It is entirely appropriate under these circumstances that the PSC sent ATC back to the drawing board."

**REA Is Not Standing Down**

While the PSC's action effectively nullifies ATC's application in its current form, REA made clear that its work is far from over. In fact, the organization has redoubled its commitment to its cause and announced plans to formally organize itself as a not-for-profit entity, stating that it will stand against not only ATC's proposed South Preferred and South Preferred-Contingent Routes for the data center transmission lines, but against any proposed routing from ATC or another utility that would carve new transmission corridors through pristine, undeveloped greenfield areas of Ozaukee and Washington counties, when viable alternatives exist along established utility corridors.

"Our position has never been about blocking energy infrastructure," said Steve Holland, a co-leader and charter member of REA.  "It's about insisting that Wisconsin follow its own laws. Wisconsin statutes make clear that existing utility corridors should be prioritized over greenfield development. We intend to hold every applicant, present or future, to that standard. And, in this instance, ATC had proposed to destroy what may well be the last pristine, undeveloped open lands corridor in the Milwaukee metropolitan area."

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"This region, which essentially runs along the beautiful Milwaukee River watershed, is highly environmentally sensitive, boasting features such as old-growth mesic forests and rare conifer swamps, and holds irreplaceable cultural heritage assets such as unique groupings of Native American effigy mounds," Plough added. "The people who live here and use this area want to see it protected for future generations. We will fight to do just that."

"Wisconsin law is written to protect Wisconsin's environment, endangered species, farmland, and historic and cultural landscapes from high voltage transmission line corridors. These precious spaces are called "greenfields," and Wisconsin law protects Wisconsin's greenfields from transmission lines by mandating that new transmission lines pretty much have to stay within the existing transmission line corridors," said REA's counsel, Erik Olsen, of the Madison-based Eminent Domain Services, LLC, law firm. "The REA simply wants to ensure that this law is followed. REA has committed to continuing to advocate for routing along existing corridors, consistent with the laws of the state. We are very proud to represent REA."

REA was not alone in pushing for the alternative routing that uses existing utility corridors. The Wisconsin Trust for Historic Preservation, and the National Trust for Historic Preservation, both supported REA's recommendation to use the existing utility corridors to preserve important cultural heritage resources. Further, the Wisconsin Department of Agriculture, Trade and Consumer Protection urged use of the alternative existing-corridor routing to preserve valuable agricultural lands.

**REA Seeks Commitments from Gubernatorial Candidates**

REA also announced that it is seeking public commitments from both candidates for Wisconsin governor, Tom Tiffany and David Crowley, that if elected, they will not permit greenfield transmission routing in cases where alternative routing is available along existing utility corridors. REA believes this issue transcends party lines, and reflects a shared responsibility to protect Wisconsin's communities, farmland, and natural and cultural heritage from needless destruction.

"Our precious open lands are valuable to all of us and deserve protection from unnecessary development," Plough said. She reported that REA has already contacted the candidates on behalf of its constituency, seeking their commitments to protect open lands for the people of Wisconsin. Plough encouraged other citizens to do the same.

**Community Support of REA Continues to Grow**

REA also reflected on the strong turnout and support shown at an Aug. 16 community meeting held in Trenton, thanking all who attended, donated, and pledged their continued financial and other support for the organization's efforts.

"We are deeply grateful to everyone who has stood with us through this ordeal," Plough said. "Your generosity and commitment make it possible for us to keep protecting the natural, environmental, cultural, and human heritage assets that make our communities worth fighting for."

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"The pledges and donations we have received to date fuel our ability to continue our fight to protect this important part of our state from unwarranted and unnecessary development," Holland added.

REA encourages residents who share these concerns to get involved, stay informed, and continue supporting the organization's efforts. REA welcomes new members and supporters, and promises to continue to fight to protect the valuable undeveloped greenfield areas in this part of the state.

**REA Expands Its Mandate to Challenge Use of Eminent Domain Power for Private Data Center Transmission Lines**

Already numbering in the many hundreds, the REA citizen coalition is rapidly growing and gaining national attention. From celebrities such as comedian/journalist Charlie Berens, to local/regional/state politicians from the governments of Fredonia, Saukville, Trenton, Farmington, Ozaukee County, Washington County, and even Port Washington itself,  and prominent business and legacy families of Wisconsin, the ATC greenfield routing proposal has been under attack. Moreover, the proposal to use eminent domain power to "take" private land from citizens for a single private-user data center has ruffled more than a few feathers.

REA believes that this use of eminent domain power is unconstitutional and is expanding its mandate to challenge it.

"The Fifth Amendment does not permit the use of eminent domain to take people's land for private use," said Olsen, REA's counsel. "The Fifth Amendment only allows eminent domain for public use. In this case, the proposed transmission line was just a massive extension cord for one private company; therefore, it would be unconstitutional to allow eminent domain here. The founders of this country would be throwing up in their mouths if they knew what was being proposed here in Wisconsin."

"We believe that ATC's proposal to take land for private data center use violates the United States Constitution, and we intend to fight it," Holland said. "We will not go away. We are prepared to take this issue to the highest court in the United States if we need to. We believe that the Fifth Amendment of our Constitution governs and protects us from this illegal taking of private land for private use.  There is simply no public use involved here."

REA's efforts to discuss the issue with ATC and Vantage were unsuccessful.

"We have tried to reconcile this matter from the very beginning, but ATC and Vantage brushed us off as a piecemeal group of rural Wisconsinites who didn't have the resources to fight this. They were wrong - and they poked a bear," Holland continued.

"We understand that the data center needs power. But that is between ATC, We Energies, and Vantage," Plough said. "This onus should not be on landowners in rural Wisconsin. Look, when you threaten to take private land for multibillion-dollar private companies that function for profit, with no or little regard for the destruction of private land, building a coalition of passionate people was easy. Our ranks are expanding and we will continue to fight."

REA seeks to ensure that ATC, We Energies, and Vantage respect the state and federal laws that protect our communities. REA urges them to find an alternative routing path or source, without using greenfield routing that takes private land for private use for the Port Washington mega data center.  REA maintains that state and federal laws require this practice to protect citizens, communities, and open lands.

Citizens interested in supporting the REA through financial pledges and/or joining the REA coalition, should contact REA at protectfredoniacoalition@gmail.com.

**About the Responsible Energy Alliance**

The Responsible Energy Alliance is a coalition of residents, landowners, and community organizations in Ozaukee and Washington counties dedicated to ensuring that energy infrastructure development respects federal and Wisconsin law, protects natural and cultural resources, and follows a fair and transparent process.