07.14.2022

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General News

Partner Thomas Jensen was quoted in “Wis. Counties Want 7th Circ. to Block $500M Power Line Work,” an article in Law360,* regarding objections to the state’s Cardinal-Hickory Creek Project.

An attorney for the utilities, Thomas, told Law360 Thursday that they believe the counties are essentially "forum shopping" and trying to bring issues that largely revolve around state and regional eminent domain authority into a federal court, despite state regulators and courts having authority in those matters. Thomas said the arguments are similar to what the counties and others have brought forward in state court proceedings with little success, but are the appropriate venue for their present concerns.

"I would say they are forum shopping. These are issues that are entirely the responsibility of state regulators and state courts," Thomas said. "We believe their claims do not belong in federal court, that they're forum shopping, and that their arguments in the court of appeals will make it easier to show that the environmental plaintiffs are also not properly in federal court."

Read the full article on Law360.*

*Subscription-based publication