STODDARD LAW OFFICE

316 N. BARSTOW STREET www.stoddardlawoffice.com GLENN M. STODDARD

SUITEB TEL: (715) 852-0345
r.o. Box 227 FAX: (715) 852-0349
EAU CLAIRE, WI 54702 glennstoddard@gmaiLcom

For Release: Thursday, October 7, 2010 (via email only)

Contact: Attorney Glenn Stoddard at (715) 864-3057

PSC'S WIND ENERGY SITING RULES CHALLENGED IN COURT

The Wisconsin Public Service Commission ("PSC") has been sued for failing
to conduct an environmental review of the agency's recently proposed wind energy
siting rules under the Wisconsin Environmental Policy Act, Wis. Stat. § 1.11
("WEP A"), and for failing to design the proposed rules to reflect a balance between
wind energy siting, private property rights, and local comprehensive land use
planning goals.

The lawsuit was filed on October 1st in Dane County Circuit Court by Attorney
Glenn Stoddard of Eau Claire, on behalf of Plaintiffs David and Deloras Vind, who own
a farm near Arcadia, Wisconsin. The Vinds reside in an area where a large scale
industrial type wind energy development has been proposed, and they are concerned that
the PSC has failed to carry out its duties to fully evaluate the impacts of wind energy
projects on the quality of the environment and private property rights.

According to Attorney Stoddard: "The suit requests that the court enter a
declaratory judgment against the PSC for failing to follow the Wisconsin Environmental
Policy Act and the PSC's own environmental rules, because the agency did not do an
environmental assessment on the environmental impacts of the proposed wind siting
rules. In addition, the suit alleges that the PSC did not follow the state's '''smart
growth'" law, which requires state agencies, including the PSC, to design their programs
and policies to reflect a balance with individual property rights and local comprehensive
land use planning goals. Thus, the suit requests the court to declare the proposed wind
energy siting rules invalid and send them back to the PSC for compliance with the law."

"My wife and I decided to file the lawsuit after the PSC adopted the rules in their
current form without doing an environmental assessment on the rules or evaluating the
adverse environmental impacts of wind energy projects. We are also concerned that a
great deal of information was presented to the PSC that shows the proposed rules would
not fully protect many people who live near wind energy projects from noise, shadow
flicker, electronic signal interference, and mechanical failures commonly associated with
large scale wind turbines," said David Vind.

--Continued--
 Attorney Stoddard said, "[t]he suit was filed on October 1st and the PSC was
served that same day, so the agency has 45 days from October 1st to formally respond to
the lawsuit."

The proposed rules will also be subject to review by the Wisconsin State
Senate Committee on Commerce, Utilities, Energy and Rail, which will be holding a
public bearing on the proposed rules on Wednesday, October 13, 2010, at 11:00
a.m., in Room 411 South, of the State Capitol, in Madison, Wisconsin.

Attorney Stoddard said he is hopeful the lawsuit against the PSC, coupled with
the public hearing before the Senate Committee, "will eventually result in an
environmental review and substantial changes and improvements to the proposed rules,
including longer setbacks, stronger noise restrictions, and protection of private property
rights." He said he thinks the current version of the proposed rules, "is heavily slanted
and biased in favor of the wind energy industry, at the expense of nearby residents and
private property owners."

-End-