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WLC Asks PSC for 60 More Days to Examine Columbia Wind Project Leases

24 hours ago
4 min read



New filing puts a serious legal question about the project's land leases in front of state regulators


On September 22, Wisconsinites for Local Control formally asked the Public Service Commission of Wisconsin (PSC) to extend the schedule in the Columbia Wind Project case by 60 days. The request asks the PSC to push back the upcoming deadlines for expert testimony and the November hearing. That would leave time to investigate a legal question about the project's land leases, gather key information from the developer, and let local governments finish their own review.


Here's what we found, why it matters, and what happens next.


What we found in the leases

The developer, Columbia Project, LLC, has told the PSC that it holds the land rights needed to build the project. In regulatory terms, that's called "site control." Those rights rest on long-term wind leases with landowners across Columbia County.


For months, WLC's legal team had questions about those leases. The difficulty was getting a look at them. The lease form includes a confidentiality clause, and it tells the landowner not to record the lease with the county. Only a short summary, called a Memorandum of Lease, goes on the public record. The payment terms stay out of view.


WLC recently obtained and reviewed some lease documents. What our attorneys found backed up our concerns.


Wisconsin law requires any lease lasting more than one year to set out the rent or other payment owed (Wis. Stat. § 704.03(1)). In 2025, the Wisconsin Court of Appeals clarified that rule in MPI Wright LLC v. Goodin Co. The court said a lease can use a formula to set rent, but a neutral third party has to be able to work out the amount from the lease itself.


Under the Columbia Wind Project leases, several key payments depend on decisions the developer makes later. Whether a landowner receives turbine payments, road payments or line installation payments depends on where the developer ultimately decides to place turbines, roads and other equipment. WLC's attorneys believe that means the leases may not meet the requirements of Wisconsin law.


Why it matters for the PSC's decision

Before the PSC can approve a project like this, state law requires it to find that the project will not unreasonably interfere with orderly land use and development plans in the area. It must also consider the views of the local governments affected.


If there is a legal problem with the leases, there may be a problem with the site control the developer has claimed. WLC believes the PSC needs to examine that question fully before the case moves forward.


Local governments are paying attention

On September 16, WLC presented these lease questions to the Columbia County Board of Supervisors. The board referred the matter to its Planning and Zoning Committee for review, with a referral to Corporation Counsel. Several host towns are also reviewing the issue.


That kind of review takes time. Boards need to hold meetings, consult their attorneys and take formal action. The extension we requested would give local governments the time to finish that work so their findings can become part of the official PSC record.


The record is still moving

The developer has continued to file revisions and supplemental information in the case, most recently on August 28 and September 15. The project covers more than 48,000 acres, up to 59 turbine locations and roughly 88 miles of collector lines. Experts can't finish solid testimony while the project details are still shifting.


Alongside the extension request, WLC also sent the developer formal requests for information about the leases, how landowner payments are calculated, local permitting, and other questions tied to site control and land use.


Why the delay is reasonable

A 60-day extension still fits comfortably within the PSC's deadline for a final decision, which is March 19, 2027. According to the developer's own application, major construction isn't expected to begin until late 2027, with the project not expected to be operating until late 2028. Taking the time to get this right costs the developer very little. Getting it wrong could affect Columbia County for decades.


What an intervenor does

WLC is an official intervenor in this PSC case. That status gives us a formal seat in the proceeding. We can raise issues, request information from the developer, bring in legal and technical experts, and submit evidence for the PSC to consider.


This filing shows what that looks like in practice. We researched and read the documents closely, identified a critical legal question, brought it to local officials, and put it formally in front of the regulators making the decision.


What comes next

The PSC will decide whether to grant the extension. Whatever the outcome, WLC will keep pressing for complete answers on the leases and the other open questions in this case, and we'll keep working alongside affected towns and villages on behalf of residents and landowners.


Help keep Columbia County's voice in this case

This filing happened because WLC has attorneys and experts working inside the PSC process. That work is supported by residents, landowners, and businesses who believe local communities deserve a real seat at the table.


The weeks ahead matter most. Expert testimony on the leases, property values, environmental and other socioeconomic issues, wetlands, and groundwater has to be prepared and filed, and that work costs money. The developer is backed by some of the largest energy companies in the region. WLC is backed by you.


If this work matters to you, please consider a gift today.



 
 

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