Reading view

There are new articles available, click to refresh the page.

Wisconsin restarts electric vehicle project with $14 million for 26 charging stations

By: Erik Gunn

A Kwik Trip station in Mount Horeb, Wisconsin, was among the locations chosen for new charging stations in the first round of Wisconsin's build-out for its charging station network under the National Electric Vehicle Infrastructure program (NEVI), part of the bipartisan infrastructure law enacted during President Joe Biden's term in office. (Photo by Erik Gunn/Wisconsin Examiner)

A program to expand electric vehicle charging stations in Wisconsin is getting  a $14 million jolt with plans to build 26 more stations across the state.

Gov. Tony Evers and the Wisconsin Department of Transportation announced the expansion plan Monday.

The announcement recharges the state’s electrical vehicle charging network project, supported by the National Electric Vehicle Infrastructure program. NEVI, part of the 2021 bipartisan infrastructure law signed by  then-President Joe Biden, provides grants to states to build more charging stations.

“Transportation is evolving, and departments of transportation and states have to adapt with that evolution,” said John DesRivieres, WisDOT’s communications director. “As the market and the number of folks who are driving electric vehicles grows, EV infrastructure is needed.”

NEVI funding paused after President Donald Trump took office, and Wisconsin was one of 15 states along with the District of Columbia to sue the Trump administration in May for cutting off money for the program. A federal judge blocked the administration in June from defunding NEVI, and the Wisconsin DOT subsequently restarted its program.

The $14 million in federal funds for Wisconsin’s new round of charging stations will go to projects in communities throughout the state, from Superior in the northwest to East Troy in the southeast. They include 11 locations at Kwik Trip service stations, six locations at hotels or resorts, six locations at other service station brands and a handful of other businesses.

“My administration and I have prioritized ensuring our state’s infrastructure meets the needs of the 21st Century since Day One because expanding our clean energy and electric vehicle infrastructure helps create jobs and bolster our economy, and it’s good for our planet, too,” Evers said. “Thanks to our actions to get the Trump Administration to release this critical funding that they were illegally withholding, we are thrilled to see the NEVI program continue to support these goals and further move us toward the clean energy future Wisconsinites deserve.”

The transportation department chose projects based on their location, their potential for future development, and the business site’s hours. Extended hours were given preference to accommodate longer refueling times, according to WisDOT.

Wisconsin’s plan calls for charging stations along 15 major interstate, U.S. and state highway corridors that cross the state. A WisDOT EV charging station dashboard shows the locations for all planned chargers in the state.

With the round of grants announced Monday, Wisconsin has invested a total of $36.4 million in federal funds for 78 projects.

A customer charges his electric car at a Kwik Trip service station in Mount Horeb, Wisconsin. The station was included in the first round of charger stations to be built with federal funds in Wisconsin. (Photo by Erik Gunn/Wisconsin Examiner)

The first round, announced in May 2024, invested $22.4 million to build 52 stations. Of those, 11 are operational, 16 have been authorized for construction and the rest are in pre-construction phases.

A federal tax credit for electric vehicles that was included in the 2022 Inflation Reduction Act abruptly ended, effective Sept. 30, under the Republican tax-cut and spending mega-bill enacted in July.

“There are already 37,000 EVs on the road today, and we saw that number spike as people raced to purchase EVs before the federal tax credit expired,” said Alex Beld, communications director for Renew Wisconsin, a nonprofit that promotes policies and programs to expand solar, wind and hydropower along with building electrification, energy storage and electric vehicles.

“By expanding our network of charging stations, we hope to see that number continue to climb,” Beld said. “Through this transition away from gas-powered vehicles, we can reduce emissions and support our state’s economy.”

An analysis by SRI International published in 2023 for the Wisconsin Economic Development Corp. concluded that “there is a tremendous opportunity for Wisconsin to develop a globally competitive cluster centered on the manufacturing of EVs and EV-related equipment, which in turn can help revitalize Wisconsin’s automotive manufacturing industry and drive statewide economic development.”

Beld said that jobs related to clean energy grew four times faster than the rest of Wisconsin’s economy in 2024.

“If this funding had been clawed back permanently, I think we would have still seen progress,” Beld said. “It would have certainly been slower and would have likely cost the state jobs.”

GET THE MORNING HEADLINES.

Special education enforcement would be up to states under Trump plan

A father holds his son's hand.

A father holds his son's hand during the Disability Pride Parade in New York City. Advocates fear changes made, or proposed, by the Trump administration will strip away crucial federal oversight and deny vulnerable children the educational services they’re guaranteed under law. (Photo by Stephanie Keith/Getty Images)

In its quest to dismantle the U.S. Department of Education, the Trump administration wants to let states police themselves when it comes to educating students with disabilities, a move many teachers and parents fear will strip away crucial federal oversight and deny vulnerable children the services they’re guaranteed under law.

In October, the Trump administration fired nearly all the employees in the U.S. Department of Education office that’s responsible for enforcing the Individuals with Disabilities Education Act (IDEA), the landmark federal civil rights law that guarantees students with disabilities the right to a free and quality public education. A federal judge blocked the layoffs a few days later, in response to a lawsuit filed by federal workers unions.

In addition to making sure states and school districts follow the law, the office distributes billions in federal funding to help states educate students with disabilities such as autism, deafness, developmental delays and dyslexia.

The court ruling halting the layoffs is likely just a temporary setback as Trump proceeds with his broader mission of closing the federal department. Trump and Education Secretary Linda McMahon have said their goals are to reduce bureaucracy and return more education responsibilities to the states.

Neither the Department of Education nor the White House, which are operating with fewer communications officers because of the government shutdown, responded to Stateline requests for comment.

Congress has never fully funded special education at 40% per-pupil costs promised to states under IDEA. Funding has fluctuated over the years; in 2024, it was about 10.9%. Federal IDEA funding is expected to continue, though without federal oversight from the Education Department.

Disability rights and education advocates worry that most states don’t have the resources — or, in some cases, the will — to adequately police and protect the rights of students with disabilities.

Some states in recent years have failed to provide adequate special education services, prompting investigation from the feds. Just 19 states meet the requirements for serving students with disabilities from ages 3 through 21, according to the most recent annual review from the Department of Education, released in June.

“Shifting all of that to the state and away from the feds is not something we’ve been able to wrap our heads around,” said Quinn Perry, the deputy director of the Idaho School Boards Association.

“Our state education department are excellent people, but that is a huge, drastic shift in workload they’d have to do on compliance,” she said, adding that Idaho is already facing a budget shortfall.

In Iowa, Democratic state Rep. Jennifer Konfrst, the former House minority leader, said she’s concerned that without federal oversight, the state would not hold schools accountable for providing special education services. She pointed to state lawmakers’ willingness to pass Iowa’s relatively new school choice program, which directs taxpayer funding to private school tuition but does not require private schools to provide services to students with disabilities.

“There are no provisions with private school vouchers that they have to provide special education,” she said. “Those kids are left at the public schools, which have been underfunded.”

Funding gaps

IDEA passed 50 years ago this month. Before then, education for children with disabilities depended entirely on where they lived.

They were often refused admission to public and private schools that lacked the resources or the will to properly educate them. Some had to forgo education entirely, while others were shut away in poorly equipped institutions that prioritized containment over learning.

In 2022-2023, about 7.5 million students — 15% of the kids in public schools — received special education services under IDEA, according to the most recent data available from the National Center for Education Statistics, the federal agency that collects education data.

The law requires public schools to provide a “free appropriate public education” in the least restrictive environment from birth through age 21 to children and youth with disabilities. That education includes services such as additional time to complete school work, assistive technology, or even a one-on-one aide.

Some supports, such as providing large-print materials or giving a student extra time to complete a task, are low-cost. But others can be expensive for schools to provide. For example, an American Sign Language interpreter might cost $50,000 a year, said Perry, of the Idaho school boards group.

And a recent Idaho state report noted that it costs upward of $100,000 per year to educate some special education students.

Educators there are already pushing for additional funding to help fill a gap — $82.2 million in 2023 — between available state and federal funding for special education and the amount that school districts actually spend.

The state report also found that, unlike the neighboring states of Oregon, Utah and Washington, Idaho doesn’t provide additional state funding for special education beyond the base per-pupil amount allocated by the state.

The federal government currently covers less than 12% of the costs of special education services nationwide, leaving state and local governments to foot the rest, according to the National Education Association, a labor union representing 3 million educators nationally. Without federal oversight, critics fear, nobody will hold states and school districts accountable for not spending enough.

We still have a federal mandate to provide services to these kids.

– Quinn Perry, deputy director of the Idaho School Boards Association

In some states, limited state funding means a disproportionate financial burden lands on individual school districts. On average, local districts are responsible for $8,160 per special education student per year, according to a report released last year by education nonprofit Bellwether that studied funding across 24 states.

The situation is so dire in Idaho that the state superintendent made special education funding her key issue for the state’s upcoming legislative session. She requested $50 million to help close the special education funding gap.

It’s an issue affecting school districts across the nation, said Perry.

“Just because [the feds] are shifting responsibility to states does not alleviate the fact that we still have a federal mandate to provide services to these kids,” Perry said. “IDEA is still the law of the land and your school district is still mandated to meet this law, but with perhaps a sprinkling in of chaos and, in a state like ours, still a gap in funding.”

At times, that funding gap has prompted some states to cut corners.

Rationed services

After a 15-month probe, the U.S. Department of Education found in 2018 that Texas had effectively rationed its special education services, capping the share of public school students who could receive those services at 8.5% of a district’s population, regardless of need and in direct violation of IDEA.

The feds also found that some Texas school districts intentionally identified fewer children as eligible for special education services if the number of those students exceeded the 8.5% threshold.

Though Republican Gov. Greg Abbott subsequently released a statement criticizing local school districts, educators and advocates blamed state legislators for recommending the caps as a way to control special education costs.

“Texas had about 5-7% of students who needed special education but were unilaterally denied it because the state decided that was too expensive,” said Lisa Lightner, a special education advocate and the mother of a student with a disability.

“Without this federal oversight, who’s to stop them from doing that again?”

Just last year, the Department of Education released Virginia from an ongoing investigation it had been under since 2019 for repeatedly failing to resolve complaints by parents of special education students.

The feds found the state had no procedures to ensure a timely resolution process for the complaints, leaving parents with little recourse when their students weren’t receiving needed services.

The federal monitoring ended in December 2024 after Virginia’s education department took corrective measures, including creating its own monitoring division, requiring additional educator training, and changing how the state handles complaints.

This year, states including Indiana, Iowa, Kansas and Mississippi were cited by the Education Department for not having systems in place that are “reasonably designed” to identify districts not complying with IDEA.

“No state gets it perfect all the time, but some states are better at it than others,” Lightner said.

Her home state of Pennsylvania has robust state oversight of special education, she said, but added that parents in some other states are panicking.

“There’s a societal mindset in some places that kids who need special education are never going to amount to anything, that they’re a drain on resources. Some people even think [allocating additional funds for their education] is giving them an advantage over other kids,” she said. “It’s an old-fashioned mindset that still exists in a lot of state leaders.”

States take notice

Some state lawmakers, troubled or encouraged by the Trump administration’s stance toward public education, have already filed their own legislation.

Republicans haven’t talked much about special education oversight, but even those at the state level have embraced the larger goal of shrinking the kind of regulation embodied by the Department of Education.

In Texas, state Rep. Andy Hopper, a Republican, filed a bill in February to abolish the state’s education agency.

“President Trump has called upon every level of government to eliminate inefficiencies and waste,” Hopper said in a statement announcing the bill, which later died in committee. “Texans pour billions into this state agency with the expectation that it will somehow improve education, but have been consistently and profoundly disappointed in the results.”

Alabama state Rep. Barbara Drummond, a Democrat, filed a bill in March to study how the dismantling of the U.S. Department of Education would affect public education in Alabama.

Alabama parents are among those who sued the federal agency earlier this year over cuts to its Office for Civil Rights, claiming that investigations into alleged civil rights abuses in schools against students with disabilities and English learners have halted since Trump took office. Drummond’s bill also died in committee.

Since August, McMahon has been on a “Returning Education to the States” tour of all 50 states. She began it in Louisiana, the only state whose recent fourth-grade reading scores showed a significant increase compared with pre-pandemic levels, according to a large, congressionally mandated survey of educational progress across the states.

“There’s no one-size-fits-all in education,” she told reporters during her stop at a Baton Rouge school in August. “What works in one state may not work in another state.”

Federal law already gives states and local districts exclusive control over their own curriculum and education standards; the U.S. Department of Education can’t tell states what to teach, nor how to teach it.

Louisiana U.S. Rep. Troy Carter, a Democrat, expressed concern that the dismantling of the Department of Education would remove the kind of federal oversight that has, in the past, protected students’ civil rights when state and local governments didn’t. On his podcast in August, he pointed to the need for federal intervention during the Jim Crow era when Southern states tried to maintain segregation in schools.

“We were protected to be able to have an education because of the federal government,” said Carter, who is Black. “When you start taking those protections away, that’s damning for our country and it’s a huge step in the wrong direction.”

Lightner, who has 182,000 followers on her Facebook page, said parents who comment on her posts often debate the merits of the Trump administration’s shift on special education.

But Lightner said she hasn’t seen evidence of a cohesive plan to improve special education.

“If you blow up a house, even if I gave you a few hundred thousand dollars to build a new one, that doesn’t happen overnight,” she said. “This destruction, it’s going to be years until we’re back to normal. And even ‘normal’ missed a lot of kids.”

Stateline reporter Anna Claire Vollers can be reached at avollers@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Trump’s National Guard deployments raise worries about state sovereignty

Demonstrators protest outside the immigration processing and detention facility in Broadview, Ill.

Demonstrators protest outside the immigration processing and detention facility this month in Broadview, Ill. President Donald Trump wants to deploy Texas National Guard members to the Chicago area but has been blocked by federal courts. (Photo by Scott Olson/Getty Images)

As President Donald Trump prepares to send National Guard troops — from either Oregon, California or possibly Texas — into Portland, Oregon, entrepreneur Sarah Shaoul watches with deep concern.

A three-decade resident of the Portland area, Shaoul leads a coalition of roughly 100 local small businesses, including many dependent on foot traffic. Armed troops could spook customers and, she fears, trigger a crisis where none exists.

“I don’t want this to be a political conversation but, I mean, the fact you bring people from other states who maybe have different politics — I think it shows an administration that’s trying to pit people against other people,” Shaoul said.

Trump’s campaign to send the National Guard into Democratic-leaning cities he describes as crime-ridden has so far reached Los Angeles; Washington, D.C.; Memphis, Tennessee; Chicago and Portland. He has federalized — taken command of — hundreds of active-duty guard members to staff the deployments.

But in the two most recent attempted deployments to Portland and the Chicago area, the Trump administration has turned to out-of-state National Guard troops, the part-time soldiers who often respond to natural disasters.

National guards are usually under the control of state governors, with state funds paying for their work. But sometimes the troops can be called into federal service at federal expense and placed under the president’s control.

In addition to federalizing some members of the Oregon and Illinois National Guard within those states, the president sent 200 Texas National Guard troops to the Chicago area and plans to send California National Guard members to Portland. A Pentagon memo has also raised the possibility of sending some Texas troops to Portland.

Presidents who have federalized National Guard forces in the past, even against a governor’s will, have done so in response to a crisis in the troops’ home state. That happened to enforce school desegregation in Arkansas in 1957 and Alabama in 1963.

But the decision to send one state’s National Guard troops into a different state without the receiving governor’s consent is both extraordinary and unprecedented, experts on national security law told Stateline.

It’s really like ... a little bit like invading another country.

– Claire Finkelstein, professor of law and philosophy at the University of Pennsylvania

The cross-border deployments evoke concerns stretching back to the country’s infancy, when the Federalist Papers in 1787-1788 grappled with the possibility that states could take military action against one another. While the recent cross-state deployments have all included troops under Trump’s command, Texas Republican Gov. Greg Abbott has been an enthusiastic supporter of Trump ordering his state’s National Guard to Chicago.

The troop movements raise questions of state sovereignty and how far the president can go in using the militia of one state to exercise power in another. At stake is Trump’s ability to effectively repurpose military forces for domestic use in line with an August executive order that called for the creation of a National Guard “quick reaction force” that could rapidly deploy nationwide.

“It’s really like …  a little bit like invading another country,” said Claire Finkelstein, a professor of law and philosophy at the University of Pennsylvania who studies military ethics and national security law.

The Trump administration has asked the U.S. Supreme Court to allow it to proceed with the Chicago-area deployment, which is currently blocked in federal court. On Monday, the 9th U.S. Circuit Court of Appeals allowed the deployment in Portland to move forward, overruling a district court judge, but additional appeals are expected.

The deployments come as Trump has repeatedly threatened to invoke the Insurrection Act to expand his ability to use the military for law enforcement. Presidents are generally prohibited from deploying the military domestically, but the Insurrection Act, which dates back to 1792, could be used to bypass restrictions and potentially allow National Guard members to make immigration-related arrests.

For now, Trump has federalized National Guard members under a federal law known as Title 10, which allows the president to take command of National Guard members in response to invasion, rebellions against the United States and whenever the president is unable to execute federal laws with “regular forces.”

He has characterized illegal immigration as an invasion and sought to station National Guard members outside of U.S. Immigration and Customs Enforcement, or ICE, facilities and other federal property.

While Chicago and Portland fight Trump’s moves in court, other cities are bracing for the arrival of troops in anticipation that the deployments will continue to expand. Washington state went so far as to enact a new law earlier this year intended to prevent out-of-state National Guard members from deploying in Washington. The new state law doesn’t pertain to federalized troops, however, only to those that might be sent by another governor.

“I’m incredibly concerned but not necessarily surprised by the president’s method of operation, that there seems to be a theme of fear, intimidation, bullying without a clear plan,” Seattle Mayor Bruce Harrell said in an interview with Stateline.

Harrell, who is running for reelection to the nonpartisan office in November, said Seattle officials are monitoring what’s happening in other cities. Any deployment of guard members — whether they were from Washington or elsewhere — would be concerning, he said.

“At the end of the day, they would be following orders with some level of military precision, so my concern isn’t so much out-of-state or in-state. I just oppose any kind of deployment.”

Courtroom fights

Whether the out-of-state status of National Guard members matters legally is up for debate. Experts in national security law are split over whether sending federalized troops across state lines poses constitutional and legal problems, even as they broadly agree the move is provocative.

Joseph Nunn, a counsel in the left-leaning Brennan Center’s Liberty and National Security Program, doubts the cross-state deployment of federalized troops is itself a legal issue.

Still, he criticized the decision to send in out-of-state National Guard and, speaking about Chicago, called the underlying deployment unlawful and unjustified. In ordering troops to Illinois, Nunn said, Trump was abusing his presidential power, regardless of the servicemembers’ home state.

“It is unnecessarily inflammatory,” Nunn said of that choice. “It is, I think, insulting to say we’re going to send the National Guard from one state into another.”

Democrats, especially in cities and states targeted by Trump, condemn the deployments as an abuse of presidential power, regardless of where the troops are from. Republicans have largely supported or stayed silent about Trump’s moves, though Oklahoma Gov. Kevin Stitt, who chairs the National Governors Association, has criticized the sending of Texas troops to Illinois.

Abbott wrote on social media in early October that he had “fully authorized” Trump to call up 400 Texas National Guard members. Abbott’s office didn’t respond to Stateline’s questions.

“You can either fully enforce protection for federal employees or get out of the way and let Texas Guard do it,” Abbott wrote on X.

In the Chicago area and in Portland, the Trump administration wants the National Guard outside ICE facilities where small protests have taken place in recent weeks. Dozens of people have been arrested in Portland since June, but there’s been no sign of widespread violence. A Stateline analysis of U.S. Census Bureau and federal crime data found that Trump’s National Guard deployments have not, with a single exception, targeted the nation’s most violent cities.

For weeks federal courts have kept National Guard troops off the streets of Portland and the Chicago area as legal challenges play out, but that could be changing. The Trump administration on Friday asked the U.S. Supreme Court to allow it to deploy National Guard troops in the Chicago area. If the court sides with the administration, the decision could clear the way for additional deployments elsewhere.

In the Friday filing to the Supreme Court, U.S. Solicitor General D. John Sauer wrote: “This case presents what has become a disturbing and recurring pattern: Federal officers are attempting to enforce federal immigration law in an urban area containing significant numbers of illegal aliens. The federal agents’ efforts are met with prolonged, coordinated, violent resistance that threatens their lives and safety and systematically interferes with their ability to enforce federal law.”

The U.S. Department of Defense didn’t directly answer questions from Stateline about whether further cross-state deployments are planned, saying only that it doesn’t speculate on future operations.

U.S. District Court Judge Karin Immergut wrote in an order blocking deployment of the National Guard in Portland that a handful of documented episodes of protesters clashing with federal law enforcement during September were “inexcusable,” but added that “they are nowhere near the type of incidents that cannot be handled by regular law enforcement forces.”

But on Monday, a divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Trump had “lawfully exercised his statutory authority” to deploy Oregon National Guard servicemembers to Portland. Lawyers for Oregon and Portland are seeking a review by the full appeals court, a move that would put the case in front of 11 appellate judges.

Shaoul, the Portland business leader, said the presence of troops would itself risk creating “drama” at the expense of taxpayers.

“Tell me how that’s helping anybody to go in and intimidate a bunch of people who are dressed up in friggin’ costumes, playing music,” Shaoul said. “I mean, if nothing else illustrates what a joke this is, that should tell you right there.”

10th Amendment concerns

Top Republicans have long telegraphed their desire to use the National Guard to aid immigration enforcement.

In December, before Trump took office, 26 GOP governors — at the time, every Republican governor except Vermont’s Phil Scott — signed a statement promising to provide their national guards to help.

Since Trump’s inauguration, at least 11 Republican governors have ordered National Guard members to help ICE, typically by providing logistical support. At least four states — Florida, Louisiana, Texas and West Virginia — have entered into federal agreements that allow ICE to delegate some immigration enforcement duties, potentially including arrests, to National Guard members.

Trump’s decision to federalize National Guard members goes further, placing troops under the president’s command. The cross-state deployments represent the next step in testing his authority to command guard members.

Finkelstein, the national security law professor, said sending one state’s National Guard into another state raises serious legal issues under the 10th Amendment. The amendment reserves for the states or the people powers not specifically granted to the federal government — the idea at the core of federalism.

A president and governor may reasonably disagree about whether federalization is necessary to help their state, Finkelstein said, but “even that fig leaf” isn’t available when troops are sent to another state. California gets nothing out of the deployment of its National Guard to Oregon, she said. And unless it’s California’s governor — rather than the president — making the choice to deploy guard members elsewhere, it’s a “very real problem” that undermines state autonomy, she said.

Washington state Rep. Jim Walsh, who chairs the Washington State Republican Party, has been monitoring the attempted deployment in Portland, as well as the possibility of a deployment to Seattle. He said Trump has broad discretion under federal law to federalize National Guard members.

Still, Walsh said federalizing the National Guard gives him pause and is something that a hypothetical president — “leave this one out of the equation” — might overuse. But he argued state and local leadership in cities where the National Guard has been deployed have brought the situation on themselves by allowing a breakdown in law and order.

Asked about cross-state deployments, Walsh largely dismissed any legal concerns.

“I guess they would know the area better,” Walsh said of troops deployed in their home state. “But this is kind of a specious argument. … The president, whoever he or she is, can federalize National Guard units.”

Walsh said he doesn’t see a situation at the moment that would necessitate a Guard deployment within Washington state.

But Seattle isn’t taking any chances.

Harrell, the Seattle mayor, signed two executive orders in October, one that pushes back on the practice of federal agents making immigration arrests while wearing masks, and another that seeks to maintain control over local law enforcement resources if the National Guard is deployed in the city.

“I’m critically concerned about what can occur as a reaction,” Harrell said. “That’s exactly what Trump’s goal is, to raise tension and create chaos and to use blue cities as scapegoats.”

Editor’s note: This story has been updated to correct the year, 1957, that President Dwight D. Eisenhower federalized National Guard troops to enforce desegregation in Arkansas. Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Experts criticize Republican bill to exclude life-saving procedures from ‘abortion’ definition

Protesters hold signs opposing the Supreme Courts draft ruling on Roe vs. Wade on May 14, 2022, at the Wisconsin State Capitol in Madison, Wis. (Angela Major / WPR)

This article originally appeared in Wisconsin Watch.

A new Republican bill that would exempt certain life-saving medical procedures from falling under the definition of “abortion” is drawing criticism from medical professionals despite being described by its authors as an attempt to protect reproductive health care.

Under the bill, introduced on Friday, medical procedures “designed or intended to prevent the death of a pregnant woman and not designed or intended to kill the unborn child” would not fall under Wisconsin’s abortion definition. They would also not be subject to state laws prohibiting funding for “abortion-related activities” and Wisconsin’s ban on abortion past 20 weeks.

The bill, authored by Rep. Joy Goeben, R-Hobart, and Sen. Romaine Quinn, R-Birchwood, specifically exempts early inductions or cesarean sections performed in cases of ectopic, anembryonic or molar pregnancies from being considered abortion so long as the physician conducting them makes “reasonable medical efforts” to save both parent and unborn child from harm.

Moreover, the bill would change the definition of “unborn child” in Wisconsin statute from “a human being from the time of conception until it is born alive” to “a human being from the time of fertilization until birth.”

OBGYN Carley Zeal, a representative for the Wisconsin Medical Society and fellow at Physicians for Reproductive Health, said “unborn child” is not a medically recognized term because doctors don’t confer personhood to a fertilized egg or fetus. Legal expert Howard Schweber told Wisconsin Watch he doesn’t expect changing the definition of “unborn child” to begin at fertilization will have a meaningful impact.

Abortion as a political issue hits deep in the heart of Wisconsin, where Marquette Law School polls since 2020 show 64% of all voters believe abortion should be legal in all or most cases. Democrats have campaigned in support of eliminating restrictions on abortion, while Republicans, who in 2015 passed the state’s current ban after 20 weeks of pregnancy, have sought to increase restrictions on, penalize or ban abortion completely.

The bill follows multiple successive changes to Wisconsin’s abortion law since 2022, when the U.S. Supreme Court struck down the landmark Roe v. Wade ruling and returned the issue of abortion to individual states — leaving Wisconsin scrambling to put together a consistent abortion policy.

The new GOP bill also seems to nod toward several high-profile national incidents of patients dying from being denied reproductive care in states with restrictive abortion bans, even when the bans include exceptions for abortion care if a patient’s life is in danger.

One  National Institutes of Health study found that after Texas’s abortion ban was passed, maternal morbidity during the gestational period doubled from the time before the law despite it having a medical emergency clause.

Goeben and Quinn stated in a memorandum that their bill seeks to “counter misinformation spread by bad actors” about doctors not performing needed medical care for fear of being criminalized under abortion statutes. Goeben told Wisconsin Watch she consulted with physicians about the bill and believes it will reassure them of their ability to provide this care.

“A doctor may at all times, no matter where the state is at on the abortion issue, feel very confident in providing the health care that women need in these very challenging situations that women face,” Goeben said.

Medical and legal experts weigh in

Both Zeal and Sheboygan OBGYN Leslie Abitz, a member of both the state medical society, the Committee to Protect Healthcare and the American College of Obstetricians and Gynecologists, said they oppose the bill.

They argue it is an attempt by the Wisconsin Legislature to use “emotionally charged, ideologically driven, non-medical terms” to “interfere with the patient-physician relationship” in medical care.

“The stated goal of the bill — to distinguish between medical procedures from abortion — is misleading because it suggests that abortion care is not an essential part of comprehensive health care,” Abitz said.

“A woman is putting her health and her life at risk every time she chooses to carry a pregnancy, and so she shouldn’t be mandated to put her life at risk.”

Schweber views the bill differently. While a clause in Wisconsin’s 20-week abortion ban statutes already exempts abortions performed for the “life or health of the mother,” he believes Goeben and Quinn’s bill could make hospitals and insurance companies more comfortable with authorizing lifesaving reproductive health care procedures.

“Insurance companies and hospitals or doctors, in order to err on the side of safety, will tell the doctors not to perform a procedure that is medically needed and, in fact, properly legal,” Schweber said. “(This) law is trying to prevent a chilling effect on legal medical procedures.”

Though the bill is not yet formally introduced, the Society of Family Planning, an international nonprofit composed of physicians, nurses and public health practitioners specializing in abortion and contraception science, opposes it.

“The narrative that exceptions to an abortion ban — or redefining what abortion care is — can mitigate the harm of restrictive policies is based in ideology, not evidence,” Executive Director Amanda Dennis said in a statement.

The American College of Obstetrics and Gynecology has not yet taken a position on the bill, but told Wisconsin Watch that state medical emergency clauses “do not offer adequate protection for the myriad (of) pregnancy complications people experience, resulting in substantial harm to patients” in the case of an abortion ban.

Political reaction to the bill

Prominent Democratic lawmakers, such as gubernatorial candidate Sen. Kelda Roys, D-Madison, have criticized the proposed bill as part of a series of moves by anti-abortion politicians to distance themselves from the “deadly” consequences of abortion bans.

“The way that you protect people from legal jeopardy is by not criminalizing health care,” Roys said. “Goeben’s bill just shows how deadly and dangerous criminalizing abortion bans are. It’s an acknowledgement of the truth, which is that abortion bans kill women.”

Goeben said she is surprised by the opposition because her bill on its own does not introduce any additional penalties to abortion.

“These are the issues that the other side of the aisle has talked about, saying, ‘oh, the poor women that can’t get health care!’” Goeben said. “So I thought honestly that this would be supported by everybody, if we are really concerned about the health care of women.”

She said she would also be open to discussing amendments to the bill, which would include exemptions for abortions performed because of other medical complications such as preeclampsia or maternal sepsis.

Anti-abortion organizations Wisconsin Right to Life, Pro-Life Wisconsin, Wisconsin Catholic Conference and Wisconsin Family Action have endorsed the proposal.

A similar bill by Quinn prior to the Wisconsin Supreme Court invalidating Wisconsin’s 1849 abortion ban in July died in the Senate last year. Even if the new bill is to pass through the Legislature, Gov. Tony Evers plans to veto it, spokesperson Britt Cudaback told the Milwaukee Journal Sentinel.

Looming gubernatorial, attorney general and legislative races in 2026 could decide the future of abortion laws and enforcement in the state. New legislative maps and a national midterm environment that historically has favored the party out of power in the White House gives Democrats their best chance to win control of the Legislature since 2010.

Republican U.S. Rep. Tom Tiffany, the GOP frontrunner for governor, previously supported a bill planning to ban abortion after six weeks, though he has rolled back that position in recent media appearances and deleted all mention of abortion from his website.

Schweber said Wisconsin’s newly liberal majority Supreme Court will decide the future of abortion in the state. The justices must answer the cases being brought to them on whether the  state constitution guarantees a right to an abortion.

“Just because the U.S. Constitution does not secure a right to abortion does not mean that Wisconsin or Ohio or Texas constitutionally doesn’t have that right,” he said. “Each state supreme court now has to decide this profound question.”

This article first appeared on Wisconsin Watch and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Conversion therapy for LGBTQ+ minors goes before the Supreme Court

The U.S. Supreme Court on Tuesday is scheduled to hear oral arguments in a case that could impact state laws around the country that ban “conversion therapy,” a controversial counseling practice for LGBTQ+ youth.

The U.S. Supreme Court on Tuesday is scheduled to hear oral arguments in a case that could impact state laws around the country that ban “conversion therapy,” a controversial counseling practice for LGBTQ+ youth. (Photo by Anna Moneymaker/Getty Images)

The U.S. Supreme Court on Tuesday is scheduled to hear oral arguments in a case that could reverse or solidify state laws across the country that ban a controversial counseling practice for LGBTQ+ youth.

The case challenges a 2019 Colorado law that bans “conversion therapy” for children and teens. Conversion therapy is a catchall term for efforts to change the sexual orientation or gender identity of LGBTQ+ people. Sometimes called “reparative therapy,” it can range from talk therapy and religious counseling to electrical shocks, pain-inducing aversion therapy and physical isolation. The therapy has been widely discredited by medical groups.

More than half of states — including some led by Republicans — have banned or restricted the practice for children and teens since California became the first to do so in 2012, according to the Movement Advancement Project, a left-leaning nonprofit research organization that tracks LGBTQ+-related laws and policies.

In recent years, however, Republicans in several states have worked to reverse bans, with some success. A poll in June by Data for Progress, a liberal think tank, found that although less than half of Republican voters, 43%, support or strongly support conversion therapy, more than half — 56% — said the Supreme Court ought to allow states to ban it.

A decision in the Colorado case, expected next year, could have far-reaching ramifications for dozens of other states.

“I think we’re all really worried about the implications,” said Cliff Rosky, a professor of law at the University of Utah. Rosky helped draft Utah’s 2023 law prohibiting licensed professionals from practicing conversion therapy on LGBTQ+ youth. That measure unanimously passed the Republican-controlled legislature.

“We certainly hope the court will uphold the right of states to regulate the behavior of therapists that it licenses and protect children from a lethal public health threat,” he told Stateline.

The impact on other states’ laws would depend on the scope of the high court’s ruling. But most of those laws are similar to Colorado’s, Rosky said.

“Certainly, a broad ruling against Colorado’s law would jeopardize the constitutionality of all the other laws.”

In Chiles v. Salazar, a licensed counselor in Colorado Springs, Kaley Chiles, sued state officials in 2022 over a law that bars licensed mental health professionals from conducting conversion therapy on clients under 18. She argues the law violates her First Amendment right to free speech and interferes with her ability to practice counseling in a way that aligns with her religious convictions. Chiles is represented by conservative religious law firm Alliance Defending Freedom.

“The government has no business censoring private conversations between clients and counselors,” Jim Campbell, chief legal counsel for Alliance Defending Freedom, said in a news release when the group filed its opening brief in June. “Colorado’s law harms these young people by depriving them of caring and compassionate conversations with a counselor who helps them pursue the goals they desire.”

Colorado Attorney General Phil Weiser, a Democrat, said in an August news conference that the law doesn’t prohibit a provider from sharing information or viewpoints with a patient, and that therapists are still allowed to talk with patients about conversion practices offered by religious groups.

But he called conversion therapy a “substandard, discredited practice.” Conversion therapy has been denounced by major medical organizations including the American Medical Association, the American Psychological Association, the American Psychiatric Association and the American Academy of Child and Adolescent Psychiatry.

“This practice has been used in the past to try to force patients to change their sexual orientation or their gender identity,” Weiser said. “The science, however, says that this practice is harmful. It doesn’t work.

“Regardless of how it’s performed, there can be real harms from this practice. And those harms can include depression, self-hatred, loss of faith, even suicide.”

The key question in the case is whether Colorado’s law regulates professional standards of conduct and speech, or whether it attempts to regulate the right to free speech, said Marie-Amélie George, a legal historian who has published extensively on LGBTQ+ rights and is a professor of law at Wake Forest University School of Law.

“What is really interesting about these laws is that most licensed health professionals don’t offer conversion therapy because professional associations across the board have condemned it as extremely harmful,” George told Stateline. After the mainstream mental health community disavowed efforts to change people’s sexual orientation by the late 1980s, conversion therapy “became primarily the province of religious and lay ministers,” she said.

State laws like Colorado’s don’t restrict clergy and lay ministers from engaging in conversion therapy, she said. They address only the small subset of state-licensed mental health professionals who wish to use it.

In August, attorneys general in 20 states and the District of Columbia filed an amicus brief supporting Colorado’s law. They argue the First Amendment doesn’t shield mental health practices from regulation when the state deems them dangerous or ineffective, and that states have a long and established history of regulating professional standards of care.

The decision in this case will probably affect all of the conversion therapy bans in this country.

– Marie-Amélie George, Wake Forest University School of Law professor

Colorado isn’t the only recent battleground over conversion therapy, as conservative majorities in the courts, state legislatures and at the federal level have opened the door for Republican lawmakers and conservative Christian groups to reinstate the practice.

Earlier this year, Kentucky’s Republican-controlled legislature passed a bill canceling Democratic Gov. Andy Beshear’s 2024 executive order that banned conversion therapy for minors. Beshear promptly vetoed the bill, but the legislature overrode his veto in March.

In April, a coalition of Republican attorneys general from 11 states, led by Iowa and South Carolina, appealed a January decision by a U.S. district court judge to uphold a 2023 Michigan law that’s similar to Colorado’s. It prohibits mental health professionals from trying to alter a minor’s sexual orientation or gender identity. The case began when Catholic Charities of three Michigan counties filed a lawsuit targeting Michigan’s law in 2024 on behalf of a licensed therapist.

In July, a Virginia court partially struck down the state’s 2020 ban on conversion therapy for minors. Republican lawmakers in Michigan introduced a bill in July to repeal their state’s ban, while Missouri’s Republican attorney general sued to overturn local conversion therapy bans.

From the mid-1990s until the mid-2010s, LGBTQ+ rights advocates won a lot of cases before the U.S. Supreme Court, said George, the Wake Forest professor.

“But in the years since, the Supreme Court has been more hostile to LGBTQ+ rights claims,” she said. “I think, with the political environment of the court, it will be interesting to see what they do given how they have treated other LGBTQ+ rights cases in recent years.

“States are extremely similar in the laws they have enacted, so the decision in this case will probably affect all of the conversion therapy bans in this country.”

Stateline reporter Anna Claire Vollers can be reached at avollers@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Your Right to Know: Costs shouldn’t be used to deter records requests

Reading Time: 3 minutes

In a 2007 ruling known as Zellner v. Cedarburg School District, the Wisconsin Supreme Court declared that because public school teachers “are entrusted with the responsibility of teaching children,” the public has a clear right to know about allegations of misconduct against educators.

I wonder what the justices would think of a school district trying to charge $5,600 for this information. Or $40,000. Or $245,000.

Those were among the actual cost estimates that Wisconsin school districts provided when my paper, the Cap Times, asked for public records about teachers accused of sexual misconduct.

Such misconduct is a more pervasive problem in schools than you might think. An estimated one in 10 students experiences sexual harassment or assault from an educator during their K-12 schooling, according to one comprehensive case study in 2004. In Wisconsin, that rate would amount to more than 93,000 school children based on last year’s private and public school statewide enrollment.

But there is no statewide comprehensive data tracking of such allegations, so the Cap Times set out to determine how often educators are investigated for sexual misconduct toward students, and how allegations to this effect are handled.

For a report to be published later this month, the Cap Times sought employee investigation records, reprimands and resignation agreements over the last eight years from districts across Wisconsin.

Mark Treinen (Provided photo)

The responses took the newspaper by surprise. I’m not referring to the actual records — which, when the Cap Times eventually received them, were shocking in other ways. What first stunned us were the amounts the districts demanded just to look for these documents.

The Middleton-Cross Plains Area School District outside of Madison put the upfront cost of locating these records at $40,000. Sheboygan wanted $18,000, Oshkosh wanted $6,600, Appleton wanted $5,600, and Madison wanted $4,500.

Leading the pack was the Janesville School District, which asked for $245,000. The district has 9,400 students and roughly 1,500 employees, making it the ninth largest district in the state. Milwaukee Public Schools, the largest school district in the state at 66,000 students, quoted the Cap Times about $1,100 for the exact same records request. MPS also has six times more employees, meaning more records to search.

After a Cap Times reporter spoke on the phone with Janesville assistant superintendent Scott Garner, this charge disappeared. For some of the districts, the newspaper had to identify names of specific teachers and narrow the scope of its requests to get a reasonable cost estimate. For others, including Madison, we still have not received records despite our attempts to make their searches easier.

The suspicion remains that the initial price tags from some of these districts were not based on the “actual, necessary and direct cost” of locating these records, as the Open Records Law allows, but on a desire to make these requests go away.

Then there were school districts, including Racine and Waukesha, where officials said they couldn’t fulfill the request at all because it would be too burdensome.

Refusing to provide this information, or charging prohibitive fees for such records, is antithetical to school districts’ legal duty — and moral obligation — of transparency. 

Educators have unique access to children and an enormous amount of responsibility for their safety at school. By far the majority can be trusted with those responsibilities. But in some cases that trust is violated — as in the state Supreme Court’s 2007 ruling, involving an educator who was viewing adult websites on his school computer.

As the court said in its decision, “The public has an interest in knowing about such allegations of teacher misconduct and how they are handled.”

And, I would add, members of the public shouldn’t have to take out a loan to get this information.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a nonprofit, nonpartisan group dedicated to open government. Council secretary Mark Treinen (mtreinen@captimes.com) is editor of the Cap Times in Madison.

Your Right to Know: Costs shouldn’t be used to deter records requests is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Your Right to Know: Ann Walsh Bradley and the cause of openness

Wisconsin Supreme Court Justice Ann Walsh Bradley
Reading Time: 2 minutes

This month, for the first time in 30 years, the Wisconsin Supreme Court is without Justice Ann Walsh Bradley. It is also without one of its most consistent advocates for transparency in government. 

Bradley served three 10-year terms on the court, the last of which expired July 31. During this time, she wrote nearly 600 opinions, including quite a few that contained important interpretations of Wisconsin’s open records and meetings laws.

In a 1996 opinion, Bradley rejected the argument that open records and meetings lawsuits had to be preceded by 120 days notice. Bradley, writing for a unanimous court, said the laws require “timely access to the affairs of government.” 

In 2007, Bradley’s majority opinion in Buswell v. Tomah Area School District strengthened the public notice requirements of the state’s open meetings law. That case required meeting notices to be more specific about the subject matter of topics to be discussed, to better inform the public. 

In another majority opinion in 2008, Bradley provided some clarity as to when “quasi-governmental corporations” are subject to the open meetings law. In that case, the Beaver Dam city economic development office had closed, then was immediately replaced by a private corporation that continued to use city offices and receive tax dollars. Bradley’s opinion concluded that because the corporation still resembled the government in function, purpose and effect, it had to follow the laws.

Christa Westerberg
Christa Westerberg

Not every opinion written by Bradley was for the majority. In 2017, she dissented from a decision to exempt from disclosure unredacted immigration detainer forms sent by the Milwaukee County jail to U.S. Immigration and Customs Enforcement. Her opinion methodically rejected the county’s arguments in favor of redaction, arguing that “continuous ‘chipping away’ has substantially gutted Wisconsin’s commitment to open government.” 

Just one year later, Bradley dissented again, this time from an opinion that denied a public union’s request for certification forms. “The unfounded speculation that the records might be used for improper purposes,” she wrote, “does not outweigh the strong public interest in opening the records to inspection.”

Regardless of whether Bradley wrote a majority, dissenting or concurring opinion, she always emphasized the strong public policy in favor of open government set forth in Wisconsin’s open records and open meetings laws. And she condemned decisions that paid only “lip service” to these principles, calling them “all hat and no cattle.” 

Bradley even had occasion to apply open government principles to the Wisconsin Supreme Court itself. In 2012, she opposed its 4-3 decision to close some of the court’s rules and operations conferences to the public. As reported by Wisconsin Watch at the time, Bradley questioned the change, asking, “What is the good public policy reason to exclude the public from this process? I can’t think of any.” 

In 2017, Bradley was one of two justices who voted against closing all such conferences. (Fortunately, in 2023, a newly constituted court decided to reopen its conferences, with Bradley in the majority.)

Bradley told Wisconsin Lawyer magazine that she intends to stay engaged with organizations that support law and civics education. Her dedication to open government in these endeavors should serve her well, as it has the citizens of Wisconsin for three decades.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a nonprofit, nonpartisan group dedicated to open government. Christa Westerberg is the council’s vice president and a partner at the Pines Bach law firm in Madison. Heather Kuebel contributed research to this column.

Your Right to Know: Ann Walsh Bradley and the cause of openness is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Advocates frustrated by lack of transparency, engagement on regional hydrogen hub projects

Long white tubes hold pressurized hydrogen at an outdoor facility at the National Renewable Energy Laboratory.

Community and environmental justice advocates say the Biden administration is failing to deliver promised transparency and public engagement around its $7 billion clean hydrogen hub initiative.

“Engagement isn’t merely leading people into a process that’s going to happen with or without them,” said Tom Torres, hydrogen program director for the Ohio River Valley Institute, a nonprofit serving one of the regions where federally funded partnerships are trying to lay the groundwork for new local hydrogen economies. “It means meaningfully involving people in the decisions about the project.”

The U.S. Department of Energy announced funding in October 2023 for seven regional clean hydrogen hubs — clusters of interconnected projects meant to kickstart production of the fuel with little or no greenhouse gas emissions. Since then, the department has held online briefings and virtual listening sessions for each hub, but advocates say they are not getting the kind of information necessary to assess who will be impacted by the projects and how.

Torres and others say they want more than just dots on a map. They want to know how hydrogen will be produced, how it will be used, and how it will get to end users. For projects that depend on carbon capture, they want to know how and where the carbon will be captured, transported and stored. And once the specifics are known, they want a chance to have meaningful input on the final projects.

Spokespeople for the Department of Energy and regional hubs said the answers to those questions are still being worked out and that more engagement is on the horizon.  Advocates are increasingly frustrated and fear that community input will come too late to affect how the hubs are developed.

“It doesn’t make sense … on one hand to say there’s not enough on paper to tell the public about, but on the other hand there is enough to allocate almost $1 billion for these companies,” Torres said.

Are events just ‘checking a box’?

When burned as a fuel source, hydrogen does not emit carbon dioxide, but its production today almost always comes from fossil fuels. Some see a potential for hydrogen to replace natural gas in certain hard-to-electrify sectors such as industry or heavy duty transportation, but the benefits for addressing climate change hinge on whether it can be produced cleanly and at scale.

The Biden administration’s hydrogen hub program, part of the 2021 Bipartisan Infrastructure Law, aims to ramp up production of hydrogen made with low-carbon energy, including renewables, nuclear power, and fossil fuels paired with carbon capture. 

“It is literally like building the natural gas infrastructure that we have all over the place again for hydrogen,” said Shawn Bennett, energy and resilience manager for Battelle, the project manager for the Appalachian Regional Hydrogen Hub, ARCH2, which includes projects for Ohio, West Virginia and Pennsylvania. A majority of its projects will use steam methane reforming to make hydrogen from natural gas, along with carbon capture and storage. Other projects in the hub plan to make hydrogen from waste gases or from electrolysis, which uses energy to split water molecules. 

In May, dozens of groups urged the Department of Energy to suspend funding discussions for the ARCH2 project until the public receives detailed information beyond general maps and short project descriptions. On July 31 the Department of Energy formally committed the first $30 million of federal funding to ARCH2, with a total of up to $925 million to be spent over the next decade or so.

Last month, the Department of Energy committed up to $1 billion for the Midwest Alliance for Clean Hydrogen, MachH2, which spans Illinois, Indiana, Michigan and Iowa and plans to produce hydrogen from a mix of nuclear power, wind energy and natural gas. The department will hold a December 9 briefing on MachH2.

In response to the Energy News Network’s questions about community groups’ complaints about a lack of outreach, a Department of Energy spokesperson provided a statement saying it “has been actively engaged with these communities in support of the economic playbook” of the Biden-Harris administration.

The ARCH2 project held a community outreach session in West Virginia in November, and additional meetings will be held in Ohio and Pennsylvania early next year, Bennett said. Some community group members protested outside at the West Virginia session but then came inside for a good discussion, he added.

Torres said there was no general presentation at the West Virginia meeting, and company representatives were present for only a handful of the hub’s projects. Even then, project information was still sparse. 

“It wasn’t an opportunity for people’s voices to be heard,” he said. “What is the value of these events other than checking a box for these companies?”

Advocacy groups focusing on the MachH2 project said months went by without getting updates or details. Then last month, they got less than 24 hours’ notice for a briefing with general descriptions about the MachH2 hub projects.

During that session, representatives for the Department of Energy said a decision on the hub’s funding commitment would come soon, “probably next week sometime,” said Susan Thomas, the legislative and policy director and communications manager for Just Transition Northwest Indiana. Minutes after the November 20 session ended, the Department of Energy announced the MachH2 funding commitment. 

“Our jaws were on the table,” Thomas said.

Details remain to be worked out

Groups have been trying to get answers from the Department of Energy for more than a year, said Chris Chyung, executive director of Indiana Conservation Voters. In his view, the agency’s approach “is just flouting the law.” According to the Department of Energy’s website, engagement with communities and labor is a key principle required in hubs’ community benefits plans, which are part of hubs’ contractual obligations for funding.

Community groups learned in the November 20 briefing that the MachH2 community engagement would not address concerns related to any pipelines associated with the hub. Instead, those would be handled by a separate office within the Department of Energy. 

But a pipeline for northwestern Indiana “is absolutely part and parcel of [a] dirty hydrogen project that is part of MachH2,” and the community should get a say on it, said Lauren Piette, an attorney with Earthjustice, which does not consider hydrogen made with natural gas to be climate-friendly, even with carbon capture.

The Department of Energy spokesperson did not respond to the Energy News Network’s question about how community benefits for hub projects can fully be assessed if they don’t include consideration of issues and input related to necessary pipelines.

Representatives of the MachH2 and ARCH2 hubs who spoke at an Ohio Fuel Cell & Hydrogen Consortium program last month said they couldn’t practically engage in community outreach until funding commitments had been negotiated with the Department of Energy. Until then, it wasn’t certain whether each hub would move forward.

Also, as a practical matter, “there was no budget for these things,” Bennett said. Details for each hub’s projects are still being worked out, and ARCH2 is still trying to add additional project partners.

Even then, details for projects won’t be finalized until review under the National Environmental Policy Act, according to Neil Banwart, who is the chief integration officer for the MachH2 hub and also the managing director for hydrogen at Energy Systems Network. 

“It’s not a certainty that all of the projects will get built in the locations that we shared on a map,” he said.

Chyung said he felt the comments about funding were “a complete dodge on behalf of these extremely wealthy national corporations that have said since 2023 they were eager to get started on community outreach.”

Advocates frustrated by lack of transparency, engagement on regional hydrogen hub projects is an article from Energy News Network, a nonprofit news service covering the clean energy transition. If you would like to support us please make a donation.

❌