Federal court dismisses civil lawsuit over revoked waste-to-energy permit

A federal judge has dismissed a civil case against the city of Green Bay over a proposed waste-to-energy plant.

District Court Chief Judge William Griesbach issued an order Tuesday saying "the plaintiff takes nothing and the case is DISMISSED."

Oneida Seven Generations Corp. and Green Bay Renewable Energy filed suit against the city, saying it violated their rights and due process by revoking a conditional use permit for a facility that would turn solid waste into electricity.

The plant was to be built on Hurlbut Street.

Green Bay's Common Council initially approved the OSGC permit in 2011. The Department of Natural Resources and Department of Energy also gave approval.

However, citizen opposition to the plant and its smoke stacks grew, and the Common Council accused OSCG of making misrepresentations about the plant. The council decided to rescind the permit.

OSGC filed suit trying to recover $5.2 million in expenses for development of the plant, and $16 million in potential lost profits.

The case eventually landed in the Wisconsin Supreme Court, which affirmed the decision of a lower court in favor of the OSGC.

However, the OSGC never requested a new conditional use permit. That was part of the federal judge's decision to dismiss the case.

"The fact that OSGC ultimately prevailed and could have completed the project had it chosen to do so also makes the City Council's decision less shocking or egregious than a substantive due process violation requires," Judge Griesbach wrote.