Oneida Seven Generations Corporation sues Green Bay over energy plant permit

GREEN BAY - The economic development group owned by the Oneida Tribe is suing the city of Green Bay.

It's over the city council revoking a permit for a waste-to-energy plant the Oneida group had already started to build.

More than a year and a half ago, aldermen approved a permit for a plant on Hurlbut Street on the city's west side.      

Last month, by a 7 to 5 vote, the city council revoked the permit it had previously issued Oneida Seven Generations Corporation.

Mayor Jim Schmitt decided not to veto the council's decision, saying he wants projects done through consensus.

Talks have gone on between the company and city since then, but OSGC decided to file a lawsuit Wednesday.

The construction site of a highly debated waste-to-energy project by the Oneida Seven Generations Corporation sits idle.

In an effort get things moving again, OSGC, with the support of the tribe, is suing the city of Green Bay.

"We're at this point because we've tried to get the city to reconsider their decision. We believe the decision, like I said earlier, was arbitrary and unreasonable," said tribal chairman Ed Delgado.

According to court documents, the OSGC essentially wants the court to issue an order reversing the city's decision to rescind the conditional use permit.

Delgado said the Seven Generations' plan has been reviewed by the DNR, the U.S. Department of Energy and other agencies.

"None of their studies have shown that this project is unhealthy," Delgado said.

City officials said they are still looking over the lawsuit.

"We're reviewing all of the allegations that are contained within those and we'll determine what response is required legally," said Green Bay city attorney Tony Wachewicz.

"When they first came out with their program, it was all, you know, it was a great thing, no smokestacks, no emissions, all this kind of stuff..." said alderman Tom DeWane.

But DeWane said once OSGC got its permit and regulatory agencies became involved, the plans changed and that's why the council reconsidered its decision.

"They still misrepresented us, how it was going to be built, what it was going to look like, smokestacks, you know, we have, this is an industrial area, so you do expect to see that, but do we need to scare people?" said DeWane.

Green Bay Area Chamber of Commerce officials say they support OSGC and have concerns from an economic development standpoint.

"Companies that are potentially looking to move into the city are going to have questions now whether they want to spend that tens of thousands of dollars, or hundreds of thousands of dollars, and when is it final," said Fred Monique with the Green Bay Area Chamber of Commerce.

OSGC's legal filing also said the company will seek to hold the city liable for expenses it's incurred. Those expenses relate to construction and design of the facility which, to date, exceed $4 million.