Wisconsin Court Of Appeals Reverses Brown County Court Ruling Against Oneida Seven Generations Corporation

In an unpublished March 25, 2014 Decision, the Wisconsin Court of Appeals has REVERSED the January 9, 2013 decision by Judge Marc A. Hammer in 13CV2263

 Oneida Seven Generations Corporation and Green Bay Renewable Energy, LLC (“Seven Generations”) appeal an order affirming on certiorari review the City of Green Bay’s decision to revoke a conditional use permit (“CUP”).  We conclude the City acted arbitrarily and without substantial evidence of misrepresentation when it revoked the CUP.  Accordingly, we reverse.

[Click here to read Oneida Eye’s take on the Decision]

Oneida Eye is quite surprised by this turn of events, yet we maintain that General Tribal Council did the right thing on December 15, 2013 by voting to dissolve OSGC due to the fact that – by their own admission – OSGC’s waste incinerator/combustor would have emitted dioxin even though the Oneida Business Committtee voted unanimously via Resolution 11-08-00-B, ‘Dioxin and Persistent Organic Pollutants,’ to ask the U.S. State Department to prohibit the production of dioxin everywhere in the United States of America, and the fact that even after GTC on May 5, 2013 voted to prohibit any waste incinerators/combustors on the Oneida reservation OSGC CEO & Green Bay Renewable Energy Chairman Kevin Cornelius still entered into contracts to allow those activities to occur on the reservation as seen in the documents regarding The $400 million lawsuit recently filed by ACF Services, ACF Leasing & Generation Clean Fuels in Cook County Illinois against the Oneida Tribe, OSGC & GBRE.

“Open flame” activities are reported to have occurred in a building OSGC owns at 1201 O’Hare, Hobart, WI, and are said to have taken place without any of the companies obtaining a permit to do so.

It will be interesting to see if the City of Green Bay appeals the decision, or if the current Oneida Business Committee will accept the fact that the General Tribal Council didn’t want OSGC to remain in business, especially in the incineration business.

The BC should consider how GTC will respond if the BC attempts to allow OSGC to try to proceed with waste incinerator/combustors in the City of Green Bay or anywhere else.

The BC failed by not abiding by their November 2000 Resolution against the production of dioxin anywhere in the U.S. and instead supporting OSGC’s dioxin-emitting incinerator plans.

The Business Committee also failed to keep OSGC executives in check about corporate activities which could impact the Tribe financially and endanger the health, safety and welfare of Tribe members.

Oneida Eye recommends the following approach:

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Abdul Latif Mahjoob / ACTI / AREC / AREI / ARTI ACF Leasing ACF Services Alliance Construction & Design / Alliance GC (Global Conservation) American Combustion Technologies Inc. (ACTI) / American Combustion Technologies of California Inc. (ACTI) / American Renewable Energy Inc. (AREI) / American Renewable Technologies Inc. (ARTI) Artley Skenandore Jr. / Swakweko LLC Atty. William Cornelius Bruce King City of Green Bay Fmr. OBC Chair Cristina Danforth / Tina Danforth Fmr. OBC Chair Ed Delgado Fmr. OBC Sec. Patty Hoeft Fmr. OBC Vice-Chair Greg Matson Fmr. OBC Vice-Chair Melinda Danforth General Tribal Council / GTC Generation Clean Fuels Godfrey & Kahn Green Bay Renewable Energy LLC / GBRE Green Box NA Green Bay LLC Incinerators / Gasification / Pyrolysis / Plastics-to-Oil / Waste-to-Energy Jacqueline Zalim / Jackie Zalim Kelly Van Den Heuvel / Kelly Yessman Kevin Cornelius Mike Metoxen Mission Support Services Nevada LLC / Mission Support Services LLC Nathan King Nature's Way Tissue Corp. OBC Chief Counsel Jo Anne House OBC Vice-Chair Brandon Lee Stevens / Brandon Yellowbird Stevens Oneida Business Committee / OBC Oneida Energy Blocker Corp. Oneida Energy Inc. Oneida ESC Group LLC / OESC Oneida Nation of Wisconsin / Oneida Tribe of Indians of Wisconsin / Indian Country / Thornberry Creek LPGA Classic Oneida Seven Generations Corporation / OSGC Oneida Total Integrated Enterprises / OTIE OPD Lt. Lisa Drew Skenandore / Lisa Skenandore Owen Somers / Oneida Internal Security Director Paul Linzmeyer Pete King III / King Solutions LLC Ron Van Den Heuvel Sustainment & Restoration Services LLC Todd Van Den Heuvel Tsyosha?aht Cathy Delgado Wisconsin Economic Development Corporation / WEDC

As It Happens

March 2014
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