Environment | Law

Wisconsin Supreme Court rules for Oneida Nation in permit case

Friday, May 29, 2015

The home of the Oneida Seven Generations Corporation. Photo from PGSscottwilliams / Twitter

The Wisconsin Supreme Court sided with the Oneida Nation in a dispute over a permit for a controversial waste recycling plant.

The Oneida Seven Generations Corp, a tribal entity, received a conditional use permit to build the facility The city of Green Bay pulled the permit after the project generated significant controversy.

In March 2014, the Wisconsin District III Court of Appeals ruled that the city acted illegally. The Wisconsin Supreme Court agreed with that assessment today.

“Like the court of appeals we conclude that the city’s decision to rescind the conditional use permit was not based on substantial evidence,” Justice Ann Walsh Bradley wrote in the 6-1 decision.

The city argued that the tribe gave misleading statements about the effects of the plant. But the court said there was no proof for that claim.

“We determine that based on the evidence presented, the city could not reasonably conclude that the statements by Oneida Seven’s representative to the city government regarding the proposed facility’s emissions and hazardous materials, its stacks, and its technology were misrepresentations," the decision stated.

Get the Story:
Supreme Court: Green Bay improperly revoked tribe's permit (WICS 5/29)
Oneida plant permit wrongfully revoked, court rules (The Green Bay Press-Gazette 5/29)
Oneida wins lawsuit against Green Bay over proposed waste-to-energy plant (WFRV 5/29)
Supreme Court rules in Oneida’s favor in plant permit case (Fox 11 News 5/29)
Wis. Supreme Court Rules in Favor of Oneida Seven Generations in Waste-to Energy Suit (WBAY 5/29)

Wisconsin Supreme Court Decision:
Oneida Seven Generations Corporation v. Green Bay (May 29, 2015)

Wisconsin Appeals Court Decision:
Oneida Seven Generations Corporation v. Green Bay (March 25, 2014)