One June 28, 2005, the Wisconsin Supreme Court rejected challenges from the state of Illinois and environmentalists seeking to halt construction of a coal-fired power plant near Chicago. The $2.15 billion project, which is expected to produce enough electricity to power 615,000 homes, is a part of a proposed $7 billion, 10-year plan to increase power production and delivery capabilities.

Illinois Attorney General Lisa Madigan said Lake Michigan and the states around it would be exposed to toxic mercury emissions and other pollution. Madigan said the coal-burning technology planned for the facility is banned in Illinois.

The court ruled that the Public Service Commission complied with the law when it approved the project. However, other legal challenges are still pending, including a lawsuit against the permits for the plant's cooling system. The system is anticipated to draw in 2.2 billion gallons of water per day from Lake Michigan, raising the water's temperature by 15 degrees before returning it to the lake. Opponents argue this temperature increase and intake system will damage plant and animal life in the lake.

A subsidiary of Wisconsin Energy, We Energies, will operate the plant. They argued, along with other proponents, that there was no viable alternative to meet the area's booming demand. The state DNR and We Energies also noted that modern emission controls should drastically reduce pollution from the plant.