Here & Now

Fast Facts: Taking Foxconn to Court

Zac Schultz:

Now to tonight’s edition of fast facts and Marisa Wojcik’s look at statements made on “Here and Now” by another candidate in the primary race for governor Matt Flynn.

Marisa Wojcik:

Ground has been broken on the $10 billion Foxconn manufacturing plant in the village of Mount Pleasant. But one democratic candidate for governor, Matt Flynn, says we can still put the brakes on Foxconn.

Matt Flynn:

I think it’s a crooked deal that I will stop with litigation. I was a lawyer for a long time practicing complex litigation with a lot of the same issues that it will take to stop the Foxconn deal.

Marisa Wojcik:

The Foxconn legislation was passed by both houses in 2017. Flynn says that Foxconn doesn’t have to play by the same rules as other manufacturers. Based on these special exemptions, he points to three areas he argues are unconstitutional. The first, Foxconn is exempt from completing an environmental impact statement in order to receive state permits. These statements are meant to prevent or eliminate damage to the environment as well as to consider alternatives. However, the results of these statements aren’t bound to any sort of regulation. The second exemption Flynn objects to is wetlands. Within Foxconns manufacturing zone, wetlands can be filled. However, for every one acre of wetlands adversely impacted, the Foxconn bill requires two acres of wetlands to be restored, which is above the state standard. The third is Foxconns unique ability to fast track any legal appeals to the state Supreme Court. And the high court must give preference to these cases. A review from the Wisconsin Legislative Council says it’s difficult to predict the constitutionality. Flynn has litigated complex commercial lawsuits. But in many respects Foxconn is uncharted territory. So even as ground has been broken for the Foxconn facility, it’s up for debate whether a lawsuit to stop the manufacturer from proceeding would be successful. For these and other fast facts, visit wpt.org.