State regulators in Wisconsin and Minnesota gave Wisconsin Power & Light permission in 2009 to build the farm just north of Albert Lea. The $450 million farm began operations in early 2011.
Two Wisconsin energy consumer groups contend the Wisconsin Public Service Commission should have applied more restrictive approval criteria. The commission has countered that process doesn’t apply to out-of-state facilities.
The 4th District Court of Appeals wants the state Supreme Court to decide if stricter approval criteria should have applied even though the facility is located in Minnesota.
Four of the seven justices must approve taking the case before the court can consider it.