Wisconsin Realtors Association v. Public Service Commission of Wisconsin, 867 N.W.2d 364

Wisconsin Realtors Association (WRA) challenged Wis. Admin. Code ch. PSC 128 (Wind Energy Rules) as promulgated by the Public Service Commission (PSC).
WRA alleged PSC failed to prepare a housing impact report under Wis. Stat. § 227.115(2) before submitting PSC 128 for legislative review.
PSC 128 was enacted after a lengthy legislative review process and a Wind Siting Council process directed by statute § 196.378(4g)(b).
The district court granted summary judgment for PSC; the court of appeals affirmed, applying a presumption that PSC 128 was duly promulgated and that no housing report was required.
The supreme court held that WRA did not prove as a matter of law that a housing impact report was required, and affirmed the decision upholding PSC 128.
The court emphasized separation of powers, noting the legislature reviewed and allowed PSC 128 through the statutory process.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a housing impact report was required for PSC 128	WRA: report required under §227.115(2) due to housing nexus	PSC: no housing impact report required; rules do not directly/substantially affect housing	No housing report required as a matter of law

Cholvin v. DHFS, 313 Wis.2d 749 (Wis. Ct. App. 2008) (failure to use proper rule-making invalidates agency directive)
Heritage Credit Union v. Office of Credit Unions, 247 Wis.2d 589 (Wis. Ct. App. 2001) (rule-making procedures as ground for invalidating rules)
Dane County v. DHSS, 79 Wis.2d 323 (Wis. 1977) (separation of powers and legislative review in rule-making)
State v. Matasek, 353 Wis.2d 601 (Wis. 2014) (interpretation of statutory 'directly affects' context)
Sausen v. Town of Black Creek Bd. of Review, 352 Wis.2d 576 (Wis. 2014) (definition of 'directly affects' in statutory context)