The Foxconn “Long March” Experience in Brazil

Foxconn, known also as Hon Hai Precision Industry Co., Ltd., is among the biggest manufacturers of electronic equipment in the world. The following infographics presents some vital information about this company.

Foxconn is originally a Taiwanese company, but its production bases are spread around the world. It has its facilities in many countries, including China (around 1 mln workers), Brazil, Mexico or Malaysia. Major clients of Foxconn are HP, Nintendo, Microsoft, Google, Apple and Amazon.

The largest factory of Foxconn is located in Longhua, Shenzhen, where more than 230 thousand workers live in their own separated city, with every kind of necessary infrastructure. The company is also the biggest private employer in China. Recently, it started to develop its production base in another growing smartphone market: in Brazil.

https://www.examinechina.com/blog/foxconn/

Let us examine the recent Foxconn Experience in Brazil:

April 13, 2011:

iPhone-maker Foxconn considers $12 Billion Brazil expansion move

Foxconn factory_Foxconn set on $12 Billion Brazil expansion move

Foxconn factory_Foxconn set on $12 Billion Brazil expansion move (image courtesy ibtimes.com)

The Taipei-based Taiwanese company, Foxconn, popularly known for being Apple’s iPhone and iPad maker, is considering spending around $12 billion over five to six years towards expanding by setting up production facilities in Brazil.

This information, regarding Foxconn’s intentions, was released in a statement made by Dilma Rousseff, Brazil’s President. If this comes through, Foxconn’s expansion move to Brazil would constitute the Taipei-based company’s overseas biggest investment.

In addition to Apple, Foxconn currently also manufactures products for other tech giants like HP and Dell.

South American Tablet-makers Paradise

“Make South America’s biggest economy Brazil a global tablet-production hub” is what the Brazilian Government seems to be thinking, given the tax incentives announced by the Government for tablet-manufacturers.

Aloizio Mercadante, Brazil’s Science and Technology Minister said in Beijing that Foxconn’s planned facility would go a long way in employment generation, by creating over 100,000 jobs. HE further added that to go ahead with the proposed expansion plans, Foxconn would need state infrastructure guarantees such as energy supply, broadband Internet and access to airports.

The tax breaks announced by Brazil for tablet manufacturers are also being put to good use by domestic companies.

According to reports, MXT, a Brazilian electronics producer based in Betim, Minas Gerais, started manufacturing the first Brazil-based tablet in February and is likely to expand production after the tax incentives take effect.

A Visit to Foxconn’s Not-So-Secret iPhone Factory in Brazil [Exclusive]

A view of Foxconn's new iPhone plant. Photo: Alessandro Salvatori, Blog do iPhone.
A view of Foxconn’s new iPhone plant. Photo: Alessandro Salvatori, Blog do iPhone.
Jundiaí, Brazil – Foxconn’s iPhone and soon-to-be iPad factory about 45 miles north of Sao Paulo is an open secret; despite all the conjecture, it’s exactly where it’s supposed to be and three curious reporters had no problems poking around.On Oct. 31, the Brazilian telecommunications document agency ANATEL issued the OK for Foxconn to start producing mobile phones for Apple. Although the government started talks for a Foxconn plant back in April 2011, this was the first official document wedding Apple’s name with Foxconn in Brazil.

January 31, 2012

Foxconn to set up five manufacturing facilities in Brazil, each employing 1,000 workers [UPDATE: Foxconn denies]

Apple and Foxconn are continuing to work on bringing that $12.5 billion iPad plant in Brazil online (there have been no iPads “Made in Brazil” seen yet, unlike iPhones). Meanwhile, the country’s Secretary of Planning and Development of the State of São Paulo Julio Semeghini revealed today that Apple’s favorite contract manufacturer will build up to five factories in Brazil with a thousand employees each.

According to a local report by Folha.com, Foxconn of Taiwan (also known as Hon Hai Precision Industry Co.,) will leverage the additional plants to build notebooks and PCs, electronic components, connectors, batteries and precision machine elements. The plants should be located in Jundiai; São Paulo and business negotiations will resume when the Chinese New Year wraps up, according to the secretary.

The development could indicate plans to assemble an even greater portion of Apple products in Brazil, not just iPads and iPhones. Even so, poor machine-translated text suggested the secretary said, “The parts produced here will also help in the assembly of Apple products,” as “the company starts to import kits for assembly in Brazil iPad and iPhone.”

Foxconn already burned an estimated $300 million during the 2010 to 2011 timeframe on the Jundiai, São Paulo plant that is expected to employ 1,400 people assembling iPads. Why is Apple moving manufacturing to Brazil? Tax incentives. News of Foxconn’s expanding operation in Brazil arrives as Apple finds itself lambasted left and right for not bringing overseas jobs to the United States. More worrying than this, however, Foxconn and Apple both found themselves under fire for unfair labor practices and grueling working conditions at the former’s manufacturing facilities in China. But in spite of difficult working conditions, thousands prospective employees recently lined up to apply for the positions at Foxconn’s plants in China. Contrasting this, consumer group SumOfUs said over 35,000 people signed their “Stop Worker Abuse” online petition in just 24 hours.

April 12, 2012

New Address Of Foxconn In Brazil: Steve Jobs Avenue

As someone who truly walked the path, Steve Jobs would be pleased to know that his name is being honoured through an avenue that was named after him in the city of Jundiaí, southeast Brazil. The ‘Steve Jobs Avenue’ (Avenida Steve Jobs, in Portuguese) was first formulated and presented as a bill last October, one day after Jobs’ passing, and approved by Jundiaí’s city council on March 27.

Previously named after Miguel Moubadda Haddad, a former mayor of Jundiaí, the avenue is one of the routes that connects Jundiaí to São Paulo. It’s also the address of Foxconn in Brazil, the Taiwan-owned company with giant assembly facilities in mainland China that supply much of Apple‘s most popular products. Foxconn already produces iPhones in Jundiaí and they are already planning to soon start making iPads there.

Forbes’ Kenneth Rapoza explains why:

Brazil’s first place finish is due to its high tax load and import tariffs. When Apple goods are imported, the importer is charged a transaction tax known as ICMS, then social security taxes of around 9%, plus industrial production taxes, and on top of that, import duties. Then there is the famous logistic bottlenecks of shipping iPads and iPhones from the South and south-eastern ports to the cities a few hours away, at least, by truck.

That could change in the future, as the Foxconn subsidiary in Jundiaí is expected to reduce product costs and turn Brazil into a hotspot for exports in Latin America of the Brazilian made Apple devices.

April 26,2012

Foxconn Brazil workers reportedly threaten strike over working conditions

Factory workers at a Foxconn plant in Jundiaí, Brazil are complaining of overcrowded buses, poor food and a lack of water and have threatened to strike unless the issues are resolved by May 3.

According to a report by Brazil’s Tech Guru (Google Translation), over 2,500 Foxconn employees have complained about conditions at the factory. Workers reportedly met last Monday to raise the concerns and have given the company 10 days to address them.

Problems at the factory have been exacerbated by the recent hiring of more than a thousand employees. Foxconn was said not to have increased its transport infrastructure with the new hires. The company reportedly had to hire water trucks to bring in water for its employees.

A representative for the employees was optimistic that an amicable solution could be reached with Foxconn without resorting to a strike.

Foxconn Brazil workers

September 20, 2012

Foxconn invests more in Brazil

MAJOR EMPLOYER:The company has hired 6,000 Brazilians and plans to raise that to 10,000, and is spurring the development of an electronics manufacturing center

Foxconn Technology Group (富士康科技集團) yesterday said it planned to spend 1 billion reais (US$494 million) to build new factories in Brazil that will be tasked with manufacturing Apple’s iPhones and iPads, among other electronic components, making it the group’s latest overseas investment.

The announcement came 15 months after group chairman Terry Gou (郭台銘) revealed that Foxconn was in talks with Brazil’s government to build factories to make tablet computers.

Gou said the group would collaborate with its clients in search of new growth in emerging markets such as Brazil, Russia and South Africa, which is part of the group’s five-year program to spur growth.

With the 1 billion reais investment, Foxconn will open five factories in an industrial park in Itu, a city near Sao Paulo, said Simon Hsing (邢治平), spokesman of Foxconn’s flagship company Hon Hai Precision Industry Co Ltd (鴻海精密).

The new facilities are scheduled to crank out their first batch of products in 2014 and are expected to reach full capacity by 2016, Foxconn said, confirming a report by the Agencia Estado news agency on Tuesday.

Foxconn said it also planned to manufacture cables, cameras, touch-sensor glass, LED products, printed-circuit boards (PCBs) and other components.

The investment will create 10,000 jobs, Gou told shareholders, adding that Foxconn had already hired about 6,000 workers in Brazil.

Foxconn now assembles Apple products at a plant in Jundiai and operates four other plants in Sao Paulo and three plants in other states of the Latin American country.

Foxconn’s Brazil unit chief executive officer Henry Cheng (鄭家純) is set to sign a memorandum of understanding with Luciano Almeida, president of Investe Sao Paulo, at the Palacio dos Bandeirantes, Hsing said.

Investe Sao Paulo is the gateway for foreign companies that intend to settle their operations in the state of Sao Paulo. Hsing said the technology group would not benefit from special tax incentives from the state government of Sao Paulo.

Gou said in June last year that he was in discussion with the Brazilian government to help the country build a technology center and build an electronics supply chain. He said 14 Taiwanese companies, including Acer Inc (宏碁) and Asustek Computer Inc (華碩), had agreed to join this program.

September 29,2014

Victory for Foxconn workers in Brazil

Workers at Foxconn’s second plant in Jundiaí, Brazil have succeeded in attaining the same salary and career opportunities as employees in the company’s other major plant in the city.

The victory came in a deal between Foxconn and the Metalworkers Union of Jundiaí following a five-day strike involving 3,700 workers.

The implementation of the new salary structure will take a year to be finalized, but from September 2014 workers at plant two will get an equal wage to those working in plant one.

Foxconn, a Taiwanese electronics multinational, has also agreed to give the workers full pay for the period of the strike, which ended on 18 September.

Foxconn launched its largest factory in Brazil in Jundiaí in 2007. The site specializes in manufacturing computers, notebooks and motherboards. In 2011, the company opened its second production unit in the same city, which is the only facility outside China to assemble iphones and ipads for Apple.

April 13, 2015

Foxconn angers Brazilian officials with slow manufacturing ramp-up

Taiwanese contract manufacturer Foxconn, one of Apple’s closest partners, is under fire in Brazil as officials in the South American nation are displeased with the company’s slow rate of progress on what was initially sold as a major investment to modernize the Brazilian manufacturing industry.

Foxconn Brazil

Foxconn’s Jundiai, Brazil manufacturing plant

While some believed that Foxconn’s 2011 expansion to Brazil would bring as many as 100,000 jobs and $12 billion in capital investment, the company currently has fewer than 10,000 employees in its 5 Brazilian factories, according to Reuters. One of those facilities is reportedly dedicated to production of Apple’s iPhone 5s.Despite a public commitment to invest at least $325 million in a new industrial park in Itu, outside of São Paulo, the site is not yet operational, though Foxconn did say it should come online by the end of 2015. The lack of headway has been cause for consternation among city officials.

“People are really frustrated,” Itu city councilor Givanildo Soares da Silva said. “We were expecting all these jobs by now and it’s still just empty promises.”

Of the jobs that Foxconn has brought, many pay little more than minimum wage. Acceptance testers at the Brazilian iPhone plant, for example, bring home just $80 per week and lack access to the same training and advancement opportunities that their counterparts in Foxconn’s Chinese facilities receive.

Workers have held at least three strikes at the iPhone factory, and a union representative said they were planning another. Such labor flare-ups have angered Foxconn founder Terry Guo, who infamously slammed Brazilian labor in 2010.

And…

Brazil’s iPhone investment falls short on promises of jobs, lower prices

When Taiwan’s Foxconn Technology Group agreed in April 2011 to make Apple products here, President Dilma Rousseff and her advisers promised that up to $12 billion in investments over six years would transform the Brazilian technology sector, putting it on the cutting edge of touch screen development. A new supply chain would be created, generating high-quality jobs and bringing down prices of the coveted gadgets.

Four years later, none of that has come true.

Foxconn has created only a small fraction of the 100,000 jobs that the government projected, and most of the work is in low-skill assembly. There is little sign that it has catalyzed Brazil’s technology sector or created much of a local supply chain.

The iPhones now rolling off an assembly line near São Paulo, the only ones in the world made outside China, carry a retail price tag of nearly $1,000 for a 32-gigabyte iPhone 5S without a contract – among the highest prices in the world and about twice what they sell for in the U.S.

That Brazil has so little to show for the Foxconn investment underscores the shortcomings of its industrial policy, defined by costly tax incentives that have driven a widening government budget deficit without spurring growth. The economy currently hovers close to recession and the productivity of Brazil’s workforce is stagnant.

June 22, 2017

Foxconn set to discontinue Brazil manufacturing operations

The firm appears to be giving up on the country following promises of $12bn investment.

Foxconn is set to cease its manufacturing activities in Brazil, according to sources close to the Taiwanese company.

The company’s staff have been working on shutting down the facility located in Jundiaí, a city in the metropolitan region of São Paulo, and assisting on the deactivation and sale of machinery, according to Brazilian business magazine IstoÉDinheiro.

Foxconn had a second facility in the same business park, which is already empty. The idea is to only keep a limited local set-up intended for parts replacement and maintenance, according to the article.

The news Foxconn is stopping its manufacturing activities in Brazil is a far cry from all the noise the firm caused a few years ago: back in 2011, the company had pledged to invest $12bn in the country and create 100,000 local jobs within six years.

AND

Foxconn plans to leave Brazil

Back in 2011, Foxconn promised to create 100,000 jobs in Brazil within six years, also pledging to invest no less than $12 billion in the country. However, the company also required 30 percent of that sum from the Brazilian government, and to bring in a private investor as well. Sadly, both failed to materialize, and now Foxconn is close to shutting down its manufacturing facilities in Brazil for good.

According to the local press, the facility located in Jundiai is shutting down, and the machinery is being deactivated and sold. Another Foxconn facility in the area is already empty, and it seems that Foxconn will only keep a small set-up for parts replacement and maintenance.

When contacted by ZDNet, Foxconn declined to comment. However, insiders familiar with the matter confirmed that Foxconn is getting ready to shut down all its manufacturing operations in Brazil. On the other hand, they told the local press they have no plans to downsize.

2017

Foxconn’s Long Con

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Foxconn CEO Terry Gou and President Trump recently announced a plan to bring 3,000 jobs to Wisconsin at what appears to be a flat screen manufacturing plant.

The political press ate it up, alternatively excoriating the program for costing too much in tax breaks and crowing a win for Wisconsin’s conservative governor, Scott Walker.I wouldn’t encourage either party to hold their breath.

Gou is in the habit of promising big and rarely delivering. Four years ago business journals crowed about a plan to bring a Foxconn flat screen manufacturing plant to Pennsylvania in 2013. The result? Foxconn opened an empty office in Harrisburg and nothing further has been done.

This behavior is not new. Foxconn has signed letters promising to build factories in Indonesia (2013), Vietnam (2007), and Brazil (2011). None of these were completed according to the original pie-in-the-sky spec. Reuters had this to say about the Brazil adventure:

When Taiwan’s Foxconn Technology Group agreed in April 2011 to make Apple products here, President Dilma Rousseff and her advisers promised that up to $12 billion in investments over six years would transform the Brazilian technology sector, putting it on the cutting edge of touch screen development. A new supply chain would be created, generating high-quality jobs and bringing down prices of the coveted gadgets.

Four years later, none of that has come true.

Foxconn has created only a small fraction of the 100,000 jobs that the government projected, and most of the work is in low-skill assembly. There is little sign that it has catalyzed Brazil’s technology sector or created much of a local supply chain.

The current Wisconsin deal involves a $10 billion investment by Foxconn and a planned tax abatement of “$200 million to $250 million a year for up to 15 years.” This amounts to a taxpayer cost of $230,000 per worker – if Foxconn keeps hiring.

Trump, for his part, is as optimistic as he was when he tried – and failed – to save jobs at Carrier.

“I’d see Terry and say, ‘You’ve got to give us one of these massive places,” he said. “If I didn’t get elected, he definitely wouldn’t be spending $10 billion.”

But politics isn’t a business. Foxconn is in the business of making and shipping products from its massive factories in China. It is not in the business of helping beleaguered economies. End of story. They are more than happy to explore employee investment, robotic assembly lines, and amazing manufacturing techniques in Shenzhen and will pay lip service – but never really come through – on expansion if it suits the company politically. I realize this is a cynical view especially when there are midwestern jobs on the line, but it’s something that Wisconsin and Walker will need to face.

It makes no economic sense to build massive factories in Wisconsin if the export taxes and other assorted costs are wildly higher in the U.S. than they are in China, further, rural Wisconsin would never be able to support anything like the 200,000 employees housed at some Foxconn facilities. Finally, human manufacturing is shrinking while the use of industrial robots is rising. This means you could run a massive factory with fewer workers and each of those workers would need a higher education to manage the intricacies of a robotic assembly line. None of this is addressed in the proposal and I suspect, soon, it won’t really matter.

“It’s not a promise. It’s a wish,” said Gou in January when the idea of a US factory was first floated. I worry that this announcement, too, is a “wish.” Either way, Foxconn – and not the state – wins.

October 20, 2018

Don’t Be Conned by Foxconn

From The Progressive: An illustrated journey into the dark heart of a really bad deal.

This piece will appear in print in the next issue of World War 3 illustrated magazine, NOW is the time of MONSTERS: A graphic discourse on predatory capitalism, available November from AK Press.

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Otis Redding performs the aptly named song  Shama Lama Ding Dong – for the Tools and Fools who govern SE WI. PARTY ON! MTP President David DeGoof!

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Hey – SE WI! You’ve been Fox-Scammed!

Let’s Do the Math

From a Better Mount Pleasant: https://www.facebook.com/abettermtpleasant/

MESSAGE FROM VILLAGE PRESIDENT
Seasons Greetings!

This year, we’ve continued our work to move the transformational Foxconn project forward and have celebrated numerous milestones. Site preparation and utility and road work is underway, as is vertical construction on the first of many buildings on what is becoming the Wisconn Valley Science and Technology Park. We are already seeing the positive results of Foxconn’s investment in our community, including new jobs and business for local companies, increased opportunities for area residents who have been connected with employment and training and the announcement of significant new developments right here in Mount Pleasant.

The medical segment has certainly taken notice of us with expansion announcements from Ascension, Aurora and Froedert South. The Lake Park bluff erosion project was completed and will go a long ways towards protecting vulnerable residents as well as Village infrastructure. The Pike River pathway is nearly completed, which is a wonderful quality-of-life enhancer.

Many thanks go to our incredibly talented Village staff for the amazing work they have done this past year. This is the first full year on the job for Administrator Murphy, and we recently extended her contract. With her help, we have changed the face of Mount Pleasant. We have filled key staff positions of Finance Director and a new Accountant. Our books are balanced and our budget was approved with a drop in the Village tax rate portion of our tax bill. The goal is always to balance the needs of the Village with what our taxpayers can afford. We have added a new Human Resources Director, and adopted a pay plan and performance review process. We have bolstered the ranks of our protective services with new hires.

On behalf of the Village Board, best wishes for a happy and prosperous 2019.

David DeGroot
Village President

So according to MTP Village President, along with many other SE Wisconsin and Racine County Residents – Foxconn will employ 13,000 people being paid an average of $53,000 per year.

13,000 employees times $53,000 = $689,000,000 – per year!

So what is the price point which Foxconn must sell those LCD TV’s at  to at least break even? (This does not take into consideration WI tax credits or Pollution credits) Foxconn’s  actual cost to produce LCD TV’s is not able to be determined at this time – so we will have to deal with raw numbers – based upon projections provided by MTP Village President David DeGroot…..

Let us assume a price point of $250 per LCD TV – does that sound reasonable?

So we have 13,000 employees times $53,000 = $689,000,000 – per year divided by $250 LCD TV’s sold annually. Remember that this amount does not allow for profit – or consider what is the actual price point at which Consumers can afford to purchase the LCD TV’s in the quantity required to be produced…..

Which comes to: 2,756,000 TV’s which must be sold annually. But we still haven’t actually determined the cost to manufacture the LCD TV’s due to the cost of raw materials and production. Along with distribution and handling.

While producing 2,756,000 TV’s in 12 months = 645 LCD TV’s per day – if the factory is operating 7 days a week. Working anything less only increases demands for increased productivity per hour/day . At what point is the Worker – “over worked”? What happens when a bathroom break interferes with production?

Raising the price point only increases the demand for less wages to be paid with hopes for increased efficiency and less cost for labor/materials per unit.

The bigger question is – what will it actually cost to manufacture a LCD TV to sell in large enough quantities to make the Foxconn WI Valley project profitable, pay on the debt and associated costs, while allowing base level workers to thrive and other Businesses to prosper? The most likely answer is that: IT CAN’T FEASIBLY BE DONE.

In Asia, workers usually labor 12 hours a day, 7 days a week – so $53,000 per year comes to 365 X 12 divided by $53,000 =  $12.10 per hour. Which is way far more than Foxconn pays it’s Chinese and Indian Workers! And Foxconn has already stated that it didn’t take into account the higher US wage requirements, which it won’t pay….

Workers in Asia and India sleep in shifts at Company owned dorms – often only earning $2.50 day Compare that with taxpayer subsidized section 8 housing in Racine – which starts at $460/month. Who says Republicans hate State sponsored taxpayer funded welfare – they are it’s biggest beneficiaries. Take from the productive – to give back to “US” – your Rulers, Overlords, Landlords and Taxing Authorities.

TROUBLING INDEED!

In addition, every Consumer of the Foxconn manufactured product must be able to afford the cost of the (usually) subscribed TV service. While in areas where subscribed TV service is unavailable – the LCD TV will be….. worthless.

And what happens when the technology becomes obsolete? Residents will have to live with the consequences – which usually means abandoned buildings and polluted areas – ala Machinery Row…

Wisconsin Gov. Scott Walker pauses as he speaks at a news conference Monday, Sept. 21, 2015, in Madison, Wis., where he announced that he is suspending his Republican presidential campaign. (AP Photo/Morry Gash)

Maybe Snotty Scottie Walker will express his sympathy and condolences for the left behind workers of SE WI. *HEY* Good Luck!

*BONUS* say goodbye to Lordstown….

DETROIT (AP) — General Motors will lay off 14,700 factory and white-collar workers in North America and put five plants up for possible closure as it restructures to cut costs and focus more on autonomous and electric vehicles.

The reduction includes 8,100 white-collar workers, some of whom will take buyouts and others who will be laid off. Most of the affected factories build cars that won’t be sold in the U.S. after next year. They could close or they could get different vehicles to build. They will be part of contract talks with the United Auto Workers union next year.

Plants without products include assembly plants in Detroit; Lordstown, Ohio; and Oshawa, Ontario. Also affected are transmission factories in Warren, Michigan, as well as Baltimore.

More than 6,000 factory workers could lose jobs in the U.S. and Canada, although some could transfer to truck and SUV plants.

https://www.cleveland.com/business/2018/11/gm-to-slash-14700-jobs-in-north-america-lordstown-plant-faces-closure.html

While Collapse is stalking the land….

The Christmas present nobody wants sits under the tree: a worldwide finance crisis along with an establishment that appears to be coming apart at the seams.

The status quo is unraveling from all sides, at the top especially, where managers cannot conceal their panic:

steve from virginia @econundertow

When the captain of the ship starts taking the covers off the lifeboats there is a problem. https://www.washingtonpost.com/business/2018/12/23/treasury-secretary-makes-unusual-pre-christmas-call-top-bank-ceos-amid-market-mayhem/ 

Treasury secretary startles Wall Street with unusual pre-Christmas calls to top bank CEOs

Treasury Secretary Steven Mnuchin called the heads of the biggest U.S. banks on Sunday to confirm they are financially sound and not experiencing excessive financial stress, a highly unusual outreach…

washingtonpost.com

Oops!

“Every banker knows that if he must prove he is worthy of credit, however good might be his arguments, in fact his credit is gone.”

— Walter Bagehot

https://www.economic-undertow.com/2018/12/25/collapse-something-or-other/

OOPS – Indeed. Color me pissed off – Yellow Vests!

If French president Emmanuel Macron is hoping for some holiday respite from the anti-government pro citizen/anti elite protests which have rocked France, he might want to avoid the presidential retreat along the Mediterranean coast.

Around 40 “yellow vest” demonstrators on Thursday tried to storm the medieval fort of Bregancon that serves as Mr Macron’s summer retreat before being turned back by police, the mayor of nearby Bormes-les-Mimosas, Francois Arizzi, told AFP on Friday.

https://www.news.com.au/world/europe/yellow-vest-protesters-target-macrons-vacation-hideaway/news-story/8461b95521d038445cfcc6bc76a06b03

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Environmental Problems Increase in SE Wisconsin While the Racine Water Utility Acts Without Proper Authority

From Journal Times:

Coal dust confirmed near Oak Creek power plants

OAK CREEK — Independent testing has confirmed the presence of coal dust found Monday in a neighborhood north of the We Energies power plants in Oak Creek, the Clean Power Coalition of Southeast Wisconsin announced.

In a news release issued late Thursday afternoon, the coalition said independent testing confirmed coal dust from samples taken Monday by the Environmental Accountability Group and tested by Aspen Consulting. The black coal dust was found covering homes, cars and a playground in neighborhoods north of the Oak Creek and Elm Road power plants.

Coal dust contains toxic metals including lead, mercury and arsenic, the release states. The health effects of inhalable particulate matter include aggravation of asthma, respiratory symptoms, an increase in hospital emissions and increased mortality from cardiovascular and respiratory diseases and from lung cancer. “There is no safe level of coal dust exposure.”

“This isn’t the first time this has happened,” stated Greg Millard, a concerned local resident. “This is the first time they got caught. Coal dust blowing from the piles at these plants has been a problem for decades, and We Energies knows it. We want something done about it.”

Coal dust causes problems south of the plant, stated Bill Pringle, president of Environmental Accountability Group.

“I used to live in Caledonia just south of the plant,” Pringle stated. “Myself, my wife and my children became very ill, and after only eight years we had to move. We Energies did testing twice and said there wasn’t a problem, but when we hired someone to do independent testing, we found coal and fly ash in our house. I started EAG because it was clear that We Energies can’t be trusted with protecting our health.”

Meanwhile – City of Racine’s Water Utility has acted without proper authority or approval!

From Journal Times:

Residents pack iMET Center for Foxconn hearing on water

“A question was asked about why a water pipeline is in the process of being built despite the DNR not granting Racine’s application.

“I don’t have an answer to that question,” Pfeiffer said. “They are not allowed to serve water unless they have a diversion application or would be in violation of state statutes. They’re not allowed to serve water even if those facilities are being built.”

It appears that out of control and loudmouth Village President David DeGroot is not only having his way, but is being allowed by former environmental champion City of Racine Mayor Cory Mason, Special Needs Governor Scott Walker and State Rep “Boss” Robin Vos to force an environmental and financial disaster down the throats of Residents of SE Wisconsin!

Protecting the Great Lakes!

The Great Lakes hold nearly 20% of the world’s fresh surface water. And, more astonishingly, the Great Lakes hold more than 90% of North America’s fresh surface water.

But, this water is not unlimited. It can be depleted if we don’t take care to keep Great Lakes water in the lakes.

Great Lakes Compact: A regional commitment

The Great Lakes Compact was approved by all eight Great Lakes states, the U.S. Congress, and was signed into law by President George W. Bush in 2008.

The Compact bans the diversion of Great Lakes water outside the basin, with limited exceptions.

Only two situations allow a community located outside of the Great Lakes to apply for a diversion.

  1. A community that is located partially in the Great Lakes basin may apply for a diversion.
  2. A community that is located within a county that is partially in the basin, may apply for a diversion.

Any community applying for a diversion must demonstrate that it has exhausted all available options for getting water. In other words, a diversion must be a last resort.

Any diversion application must be approved by all eight Great Lakes states. The two Canadian provinces bordering the lakes are allowed to provide input as well. Any state may veto the diversion application.

Will Wisconsin allow Lake Michigan to become the next (former) Aral Sea?

The Aral Sea in the Soviet Union, formerly the world’s fourth largest lake in area, is disappearing. Between 1960 and 1987, its level dropped nearly 13 meters, and its area decreased by 40 percent. Recession has resulted from reduced inflow caused primarily by withdrawals of water for irrigation. Severe environmental problems have resulted. The sea could dry to a residual brine lake. Local water use is being improved and schemes to save parts of the sea have been proposed. Nevertheless, preservation of the Aral may require implementation of the controversial project to divert water from western Siberia into the Aral Sea basin.

Desiccation of the Aral Sea: A Water Management Disaster in the Soviet Union

During planning for a major expansion of irrigation in the Aral Sea basin, conducted in the 1950s and 1960s, it was predicted that this would reduce inflow to the sea and substantially reduce its size. At the time, a number of experts saw this as a worthwhile tradeoff: a cubic meter of river water used for irrigation would bring far more value than the same cubic meter delivered to the Aral Sea (6, 22-25). They based this calculation on a simple comparison of economic gains from irrigated agriculture against tangible economic benefits from the sea. Indeed, the ultimate shrinkage of the Aral to a residual brine lake as all its inflow was devoted to agriculture and other economic needs was viewed as both desirable and inevitable.

These experts largely dismissed the possibility of significant adverse environmental consequences accompanying recession. For example, some scientists claimed the sea had little or no impact on the climate of adjacent territory and, therefore, its shrinkage would not perceptibly alter meteorological conditions beyond the immediate shore zone (6). They also foresaw little threat of large quantities of salt blowing from the dried bottom and damaging agriculture in adjacent areas (22). This theory rested, in the first place, on the assumption that during the initial phases of the Aral’s drying only calcium carbonate and calcium sulfate would be deposited on the former bottom. Although friable and subject to deflation, these salts have low plant toxicity. Second, it was assumed that the more harmful compounds, chiefly sodium sulfate and sodium chloride, which would be deposited as the sea continued to shrink and salinize, would not be blown off because of the formation of a durable crust of sodium chloride. Some optimists even suggested the dried bottom would be suitable for farming (22).

Although a small number of scientists warned of serious negative effects from the sea’s desiccation, they were not heeded (14, 24). Time has proved the more cautious scientists not only correct but conservative in their predictions.

The former American Motors Manufacturing Complex located in Kenosha, WI.

Please join Cindy and I is JUST SAYING NO to allowing Governor Scott Walker, Racine County Executive Jonathan Delagrave,  City of Racine Mayor Cory Mason & MTP President David DeGroot to violate the Wisconsin Constitution (and their Oath of Office) by granting special rights to Corporate interests, stealing people’s property, destroying multi-generational Farms alongside an entire long established Community, loosening environmental protections, permitting heavy metals water pollution, instituting slave labor wages, providing taxpayer subsidies to multi-billionaire Corporations, and politician overreach.

 

 

Concerned Mount Pleasant Residents VOTE!

Garski: Mount Pleasant village election

As a former Mount Pleasant village trustee and past village president, I gladly served the people of Mount Pleasant for many years. I have seen Village Boards who are able to work together and others who simply cannot cooperate in a professional manner. The best trustees are those who understand they serve the people in our community first, not their friends, business associates and political allies.

This is why, as a former Village Trustee and President, I am endorsing Don Schulz, Gary Feest, Tom Giese and John Martini in the April 3rd election for village trustees.

Don Schulz is a previous town supervisor and trustee. We need him back. No one attends more meetings and keeps track of village business better than Don.

Gary Feest is one of the most conscientious and fair-minded trustees to ever serve the village. Gary deserves to be re-elected.

Tom Giese is an exciting newcomer. Tom holds advanced degrees in chemistry and business. His experiences abroad as a businessman in Asia gives him a perspective the board needs right now.

Dr. John Martini is a tireless advocate as a medical physician and chaplain. He has spent a lifetime solving problems and listening to people. He will bring civility and compassion to a board that has been in disarray.

Please join me in voting for these qualified and professional candidates on April 3rd.

Jerry Garski

Mount Pleasant

Why the Reindustrialization of SE Wisconsin Will Fail

CASE Foundry; Mount Pleasant WI

Reindustrialization is the economic, social, and political process of organizing national resources for the purpose of re-establishing industries. The process proceeds as a result of a need to reinvigorate national economies.

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Foxconn will simply fail because most of the cheap and easy to extract oil has already been exploited. It isn’t that there is no oil to power industrial civilization – it’s that the costs and EROEI (energy returned on Energy Invested) keeps increasing while returns fall. The World has been on the undulating plateau of Peak Oil since around 2008. Oil is NOT all the same in regards to quality, energy concentration, or what products can be made from it. The US exports LIGHT shale oil because US refineries aren’t set up to distill Light Oil – The US does not produce enough oil domestically to meet it’s demands – it IMPORTS heavy oil.

Porters of Racine TID 17

At what price does the demand for POL (gas, diesel, lubricants, etc) products fall? When the product can’t be sold for cost – the manufacturer eventually fails – or must be subsidized.

 

CGEP: Global Oil Market Forecasting: Main Approaches & Key Drivers with Steven Kopits

 

No affordable oil in large quantities = No gas/diesel/lubricants;  therefore  No cars/trucks or electricity.

From The Hills Group

Only by triggering the imagination can we begin to appreciate the statement: “we live in a civilization powered by oil“. If petroleum were to disappear from our lives we would no longer recognize the world in which we live; nor would we have the slightest  notion of how to exist in it. For the continuance of modern society, petroleum is an essential commodity.

To satisfy our ever expanding need for petroleum and its products, a vast interwoven worldwide work force labors arduously to extract, process, and distribute it. They work around the clock to ensure our supply. Battling against the hand maiden of resource extraction, depletion, their labors grow ever more difficult as time progresses. Each year the world’s petroleum industry lifts, forces, and pumps four and one-half billion tons of water, and crude oil from almost a mile below the surface. Each year the the water portion grows larger, and the oil less. The depletion of petroleum is continuing – and it is on a relentless march toward its completion!

Depletion is the inevitable consequence of resource extraction. As petroleum depletes it reaches a point where its ability to power the economy begins to decline; as the economy declines our ability to produce petroleum, and its products declines. The objective of this study is to determine when that point will be reached, and how the decline event will evolve.

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Pointe Blue TID 16

The future isn’t the Jetsons, it is the Stone Age; see also Venezuela.

Venezuela crisis: What is behind the turmoil?

Tension in Venezuela is on the rise again as the opposition and the government accuse each other of trying to stage a coup.

There has been a wave of anti-government protests and dozens of people have been killed in protest-related violence since April

Here, we look more in depth at the problems facing Venezuela and its president, Nicolas Maduro.

Venezuela is split into Chavistas, the name given to the followers of the socialist policies of the late President Hugo Chavez, and those who cannot wait to see an end to the 18 years in power of his United Socialist Party (PSUV).

After the socialist leader died in 2013, Nicolas Maduro, also of the PSUV, was elected president on a promise to continue Mr Chavez’s policies.

Chavistas praise the two men for using Venezuela’s oil riches to markedly reduce inequality and for lifting many Venezuelans out of poverty.

But the opposition says that since the PSUV came to power in 1999, the socialist party has eroded Venezuela’s democratic institutions and mismanaged its economy.

Chavistas in turn accuse the opposition of being elitist and of exploiting poor Venezuelans to increase their own riches.

They also allege that opposition leaders are in the pay of the United States, a country with which Venezuela has had fraught relations in recent years.


Like yeast in a bottle, humans on a finite Planet discovered a substance which allowed them to grow exponentially and stripmine the Earth, only to fill it with waste and pollution. When the State of WI experienced De-industrialization the Politicians and Government Employees fought to retain the status quo and BAU (Business as Usual). Now they need WORKERS to PRODUCE – so their Tax-Farming practices can be maintained and increase. The deficits from borrowing to fill the gap between revenues and expenses only increases. Their schemes to fill the gap between Revenues and Expenses only grows in disproportion to the real economy to actually fill those budgeted expenses.

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It is interesting to note that City of Racine houses some of it’s Homeless at HALO – located in the Southside Industrial Park in a former Industrial building.

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The Olduvai Theory:
Sliding Towards a Post-Industrial Stone Age
Richard C. Duncan, Ph.D.
Institute on Energy and Man,
June 27, 1996

My Odyssey with the Olduvai theory began thirty-two years ago during a lecture series titled, Of Men and Galaxies, given at the University of Washington by cosmologist Sir Fred Hoyle.

It has often been said that, if the human species fails to make a go of it here on Earth, some other species will take over the running. In the sense of developing high intelligence this is not correct. We have, or soon will have, exhausted the necessary physical prerequisites so far as this planet is concerned. With coal gone, oil gone, high-grade metallic ores gone, no species however competent can make the long climb from primitive conditions to high-level technology. This is a one-shot affair. If we fail, this planetary system fails so far as intelligence is concerned. The same will be true of other planetary systems. On each of them there will be one chance, and one chance only. (Hoyle, 1964; emphasis added)

Industrial Civilization doesn’t evolve. Rather, it rapidly consumes “the necessary physical prerequisites” for its own existence. It’s short-term, unsustainable. “This is a one shot affair…. there will be one chance, and one chance only.”

Energy-use per person is used as a measurable index of industrialization. In 1989, I proposed the Olduvai theory of Industrial Civilization, as illustrated in Figure 1.

  • Industrial Civilization can be described by a single pulse waveform of duration X, as measured by average energy-use per person per year.
  • The life-expectancy of Industrial Civilization is less than one-hundred (100) years: i.e., X < 100 years.

In 1989 I postulated that per capita energy-use had peaked and was already on the decline. But back then I lacked sufficient data to test the theory.

By 1996, however, I had successfully tested the Olduvai theory against numerous sets of data. Four of these tests are graphed in Figure 2. The following facts emerge.

  1. On the average, world per capita energy-use reached a maximum value (i.e., a peak) in 1977.
  2. The 1977-1995 rate of decline has averaged 0.90% per year.
  3. Per capita energy-use will continue to decline as long as the world population growth rate exceeds the energy growth rate.
  4. If the decline continues (and extinction is avoided), human societies will bottom out at the subsistence level of energy-use.

The Olduvai theory explains the Figure 2 data, but the exponential-growth theory (of mainstream economics) and the steady-state theory both fail.

The Olduvai theory cannot be overthrown (i.e., scientifically rejected) by outrage or indignation. However, it can be overthrown by either, (1) demonstrating that the four sets of data in Figure 2 are in error, or (2) by gathering additional data over the next few decades and demonstrating that the Olduvai theory cannot explain that data. In any case, the data will be the final arbiter.

Read the entire paper: http://dieoff.org/page125.htm

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Why Globalization will FAIL:

Nine Reasons Why Globalization Can’t Be Permanent

Since the late 1990s, globalization has seemed to be the great hope for the future. Now this great hope seems to be dimming. Globalization sets up conflict in the area of jobs. Countries around the world compete for development and jobs. If there is not enough cheap-to-produce energy to go around, huge wage disparity is likely to result.

We know from physics and history that economies need to grow, or they collapse. The wage disparity that high-wage countries have been experiencing in recent years is evidence that the world economy is already reaching energy limits. There are no longer enough jobs that pay well to go around. Any drop in energy supply is likely to worsen the job situation.

Most observers miss this problem, because they expect high oil prices to signal energy limits. This time, the signal is low wages for a significant group of workers, rather than high oil prices. This situation is possible in a networked economy, but it is not what most people look for.

Unhappy citizens can be expected to react to the wage disparity problem by electing leaders who favor limits to globalization. This can only play out in terms of reduced globalization.

History and physics suggest that economies without adequate energy supply can be expected to collapse. We have several recent examples of partial collapses, including the Great Depression of the 1930s and the collapse of the Soviet Union. Such collapses, or even more extensive collapses, might occur again if we cannot find energy alternatives that can be quickly scaled up to replace oil and coal in the very near term. These replacements need to be cheap-to-produce, non-polluting, and available in huge quantities.

The story that the economy doesn’t really need a growing supply of very cheap-to-produce energy is simply a myth. Let’s look at some of the pieces of this story.

Read more at: https://ourfiniteworld.com/2018/01/31/nine-reasons-why-globalization-cant-be-permanent/

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The Universe is infinite and eternal and swarms with life. The Ancients knew this – and we have forgotten it.  There will still be life on Earth after Industrial Civilization collapses.

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Please join Cindy and I is JUST SAYING NO to allowingcGovernor Scott Walker, Racine County Executive Jonathan Delagrave,  City of Racine Mayor Cory Mason & MTP President David DeGroot to violate the Wisconsin Constitution (and their Oath of Office) by granting special rights to Corporate interests, stealing people’s property, destroying multi-generational Farms alongside an entire long established Community, loosening environmental protections, permitting heavy metals water pollution, instituting slave labor wages, providing taxpayer subsidies to multi-billionaire Corporations, and politician overreach.

Make Your Voice Heard! As the WI DNR and PSC Solicit Public Input Into Their Decision Making Process

Concerned Residents of Racine County will have an opportunity to add their voices and valuable input into the decision making process of both the Wisconsin Public Service Commission (PSC) and Department of Natural Resources (DNR), in regards to:

(PSC) Allowing the American Transmission Company (ATC) – Mount Pleasant Tech Interconnection Project;  and

 

 

(DNR) Allowing the City of Racine to remove an additional 7 million gallons of water per day from Lake Michigan to serve the proposed  Foxconn LCD TV manufacturing plant.

 

First – from the Journal Sentinel:

Foxconn would get $140 million electricity project, use more power than any plant in state

American Transmission Co. will seek state approval for a $140 million project to run electrical power to the huge manufacturing complex Foxconn Technology Group plans to build in Racine County.

The massive plant is expected to draw an enormous amount of power — six times more than the next-largest factory in Wisconsin, according to ATC, which declined to identify that factory.

 The project would affect the rates of residential electric customers in Wisconsin.

Before adding power lines and building the new substation, ATC will need approval from the State Public Service Commission. The utility says it will file an application with the PSC in February and ask for a decision by August.

If the commission approves the project then, construction would begin late next year on the substation and in early 2019 on the transmission lines, according to ATC. Power would start flowing by late 2019 or early 2020.

ATC is co-owned by Wisconsin utilities including We Energies, Wisconsin Public Service, Alliant Energy, Madison Gas & Electric and Superior Water, Light and Power.

To get power to Foxconn, ATC would add a second 345 kilovolt transmission circuit along 12 miles of existing lines from Pleasant Prairie north to Mount Pleasant.

That would take power to a point 1.2 miles east of the new substation. To connect the existing system to the substation, ATC would build new transmission lines, strung on 16 steel poles, 120 feet to 160 feet tall, set along an east-west corridor south of Braun Road.

 The utility would need easements through the new corridor, either by negotiating with landowners or, if necessary, acquiring the right-of-way by exercising eminent domain authority.

ATC also would build an underground line beneath Highway H to connect to a Foxconn-owned power station on the factory site.

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Residents can voice their concerns by filing a comment with the Public Service Commission – screenshot below:

The link to the Public Service Commission Comments section is: http://apps.psc.wi.gov/vs2010/dockets/comment.aspx

Concerned Residents then need to select a Case – specifically: American Transmission Company (ATC) – Mount Pleasant Tech Interconnection Project; then click on the FILE A COMMENT prompt, which opens the window to file a comment.

From the prompt:

137-CE-188 –Application of American Transmission Company LLC to Construct and Place in Operation a New 345/138 kV Substation in the Village of Mount Pleasant, 345 kV Transmission Lines to Interconnect it With ATC’s Existing 345 kV Transmission Network, and to Construct or Reconstruct Other Lines and Facilities in the Area, to be Located in Primarily Racine and Kenosha Counties, Wisconsin

To file comments in this case fill out the information below and click on the File Comments button.

A comment may consist of the writer’s personal knowledge or personal opinions only. A reference document, newspaper article, professional journal article, white paper, study or any other prepared material not written by the person commenting is not considered a public comment, but may be referenced in a person’s comment.

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Comments range from being supportive of MTP using Eminent Domain to confiscate private property for State purposes, granting questionably superior rights over  residents to privately owned Mega- Corporations  and being in favor of raising  rates for electricity to those who disfavor such questionably, and hastily rushed  legislatively mandated and potentially unconstitutional State actions.

Comment:
I do not understand why ANY ratepayers other than Foxconn are proposed to be charged for Foxconn’s transmission lines. This is reportedly an extremely profitable company. Part of that profitability must be massive subsidies to Foxconn paid by governments and citizens in the areas in which Foxconn locates. Please direct the ratepaying charges directly to Foxconn, the main customer for whom this transmission line is intended. If as quoted in the newspaper the cost to ratepayers is “pennies per month, pennies per year”, Foxconn can surely afford this.

I also have serious concerns about environmental impacts by Foxconn on my local environment. I would request that they abide by or exceed all current regulatory requirements and not be granted any exceptions to existing water or air quality laws.

The Comment section, which also collates the contents of many documents which are required to be filed, prior to approval, may be found at this link:

http://apps.psc.wi.gov/vs2015/ERF_search/content/searchResult.aspx?UTIL=137&CASE=CE&SEQ=188&START=none&END=none&TYPE=none&SERVICE=none&KEY=none&NON=N

From the Case Summary:

American Transmission Company (ATC) – Mount Pleasant Tech Interconnection Project
Applicant(s): American Transmission Company LLC (137)
Project Description: ATC proposes to construct new electric transmission facilities to serve the proposed Foxconn development. Facilities to be constructed include: a new Mount Pleasant Substation to provide electrical service for the Foxconn campus; two sets of double-circuit transmission lines along a 1.2-mile corridor to connect the new substation to the existing 345 kilovolt (kV) electric transmission system; an added second 345 kV transmission circuit to an existing 12-mile transmission line between the existing Racine and Pleasant Prairie Substations; modifications at the existing Racine and Elm Road Substations, and at the existing Pleasant Prairie Switchyard; and, a new 138 kV underground transmission line to connect the proposed Mount Pleasant Substation to a new substation to be owned by Foxconn. The Commission’s review of the project is limited to the proposed electric transmission facilities.
Case Coordinator: James Lepinski

Stacy Schumacher

Now Accepting Public Comments

Link: http://apps.psc.wi.gov/vs2010/dockets/content/detail.aspx?dockt_id=137-CE-188

Let your voice be heard:

From JT:

The Foxconn deal keeps getting worse and worse. From 3 billion to 4 billion and now to at least 4.5 billion of taxpayer dollars. That’s not including taxpayer water, sewer, power infrastructures and highway expansion costs.

Recently the details of the power project that Foxconn and various politicians expect you to pay for were revealed. It’s a 14-mile long, mostly above ground, high-power line with various substations and their lines.

The City and County of Kenosha wisely said no to Foxconn. That means the 10 or 12 miles of new high-powered power lines that are proposed to run across Kenosha (south to north) don’t belong there.

The lines and substations belong in Mount Pleasant and Racine County. Period. They wanted Foxconn.

Additionally, and just as important, residents of southeast Wisconsin shouldn’t have to pay the power needs of a foreign corporation that’s overflowing in money, assets and anti-suicide nets. If not stopped, these costs will be on our power bills for years to come.

The Foxcomm deal is built on faulty legal ground, bad ethics, and greed. Special laws allowing destruction of local environment, thoughtless cruel winter evictions, homes seized, and the sickening perversion of the court system to benefit a single foreign company. Now add a subsidized expensive ugly high-power line to the list.

To make your voice heard and make a comment with the Public Service Commission, contact the PSC. Call 608-266-541. Write. Or comment on webpage under “American Transmission Company (ATC) — Mount Pleasant Tech Interconnection Project” http://apps.psc.wi.gov/vs2010/dockets/comment.aspx.

Vince Mutchler

Kenosha

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Meanwhile the DNR is getting ready to approve an application for City of Racine to extract another 7,000,000 + gallons of water daily, from Lake Michigan:

From JT:

DNR sets hearing on Foxconn water diversion

MADISON — The public will get a chance to sound off in March about Racine officials’ request to pull 7 million gallons of water per day from Lake Michigan to serve a massive Foxconn Technology plant.

The state Department of Natural Resources announced Wednesday that they’ve scheduled a public hearing on the request for March 7 in Sturtevant.

The meeting is set for 6 p.m. at the SC Johnson iMET Center, 2320 Renaissance Blvd., Sturtevant.

The agency also will take public comments on the request through March 21.

Under the Great Lakes Compact, all water diverted from Lake Michigan must be returned minus what’s lost to evaporation or what’s used for Foxconn’s manufacturing process. The city’s application estimates about 2.7 million gallons per day will be consumed and wouldn’t return to the lake. All wastewater would return to the Racine wastewater treatment plan and then the lake. Foxconn has struggled with pollution problems in China.

Defining “Qualified Immunity” For The Mental Midgets Who Rule Racine County

Gotta LOL! When the JT is reduced to publishing this drivel (but watch Governor Scott Walker and his complicit and malfeasant WI DOJ remain silent):

From Journal Times:

Mount Pleasant asks for dismissal of lawsuit over Foxconn

MOUNT PLEASANT — The Village of Mount Pleasant wants a lawsuit filed over land acquisition for Foxconn Technology Group’s manufacturing development dismissed.

The village, represented by Alan Marcuvitz of the law firm von Briesen & Roper, argues the plaintiffs’ claims are problematic and should be dismissed. The eminent domain process has neither started nor finished, according to the court filings.

“This lawsuit is not based on the notion that the procedures of that statute were not followed or were defectively implemented,” Marcuvitz argued for the defendants. “Instead, it seeks to avoid them entirely, having this court take on the entire role of a state administrative and judicial process.”

If the court will not dismiss the claim, the defense requested it pause proceedings so that the lawsuit does not interfere with the eminent domain process.

Qualified immunity

The defense also asked for the claims against Village President Dave DeGroot to be dismissed, stating that he is entitled to immunity for his actions. A claim against him would require the property owners to show he violated “clearly established statutory or constitutional rights” while acting in his capacity.

“Plaintiffs’ sole allegation is that Mr. DeGroot was acting under ‘color of state law,’ ” the filing states. “Of course he was — that was his position. If stating that a public official or employee acted under color of state law is sufficient to state a claim against that person, the concept of qualified immunity would be meaningless.”

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Village President David DeGroot is clearly lost and confused while his legal team attempts to blow more smoke up MTP Residents anal sphincter valves!

And YES! The claims are “Problematic” Can you define that term – Dave?

Is it problematic because it is a complex problem with no simple  solutions – in regards to the environment; sustainability; practicability; cost vs. benefit ratio; Equity and implementation? Perhaps it just creates a greater dilemma for Racine County Residents – Dilemma defined:

So just what is QUALIFIED IMMUNITY?

From Cornell Law School:

Qualified immunity

Overview

Qualified immunity is a type of legal immunity. Qualified immunity “Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan .

Specifically, qualified immunity protects a government official from lawsuits alleging that the official violated a plaintiff’s rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. When determining whether or not a right was “clearly established,” courts consider whether a hypothetical reasonable official would have known that the defendant’s conduct violated the plaintiff’s rights. Courts conducting this analysis apply the law that was in force at the time of the alleged violation, not the law in effect when the court considers the case.

Qualified immunity is not immunity from having to pay money damages, but rather immunity from having to go through the costs of a trial at all. Accordingly, courts must resolve qualified immunity issues as early in a case as possible, preferably before discovery.

Qualified immunity only applies to suits against government officials as individuals, not suits against the government for damages caused by the officials’ actions. Although qualified immunity frequently appears in cases involving police officers, it also applies to most other executive branch officials. While judges, prosecutors, legislators, and some other government officials do not receive qualified immunity, most are protected by other immunity doctrines.

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Astute Readers will already recognize that even the Wisconsin Legislative Bureau claimed that the Foxconn Legislation is largely UNCONSTITUTIONAL!

 

The entire document is available by clicking on:  foxconn_legcouncil

Nonpartisan Attorneys Say Part Of Foxconn Law Could Be Unconstitutional

 

Law Governing Judicial Process For Foxconn Could Face Court Challenge

Lawyers in the state Legislature’s nonpartisan legal office say part of the $3 billion incentives package for Taiwanese tech giant Foxconn passed by lawmakers last week may be unconstitutional.

The incentives package, which was signed into law by Gov. Scott Walker on Monday, includes language that creates a unique judicial process for legal challenges involving Foxconn.

Under the provision, decisions in those cases by circuit court judges would be immediately stayed, or put on hold, if an appeal is filed to a higher court. The law also creates an expedited process for the state Supreme Court to take up cases involving Foxconn, and requires them to give those cases preference.

“It appears that certain aspects of that appellate procedure could be subject to challenge,” senior staff attorneys for the Wisconsin Legislative Council wrote in the memo.

A challenge to the law would center on whether it constitutes the Legislature infringing on judicial powers or unduly burdens or interferes with the judicial branch of government.

The memo was requested by Senate Minority Leader Jennifer Shilling, D-La Crosse, who said the law erodes public trust in courts.

“We should not be giving a foreign corporation preferential treatment in our state courts,” Shilling said in a statement.

See also:

Mount Pleasant is Served With It’s First Foxconn Related Legal Challenge While Forced Evictions Are Rushed and Cruel

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Does David DeGroot qualify for “Qualified Immunity” when he acts beyond his statutorily defined authorities? The answer is – Of course NOT! But that’s not going to stop the Politically Connected Criminal Element who have assumed control over SE WI from claiming otherwise – and as always –  at taxpayer and Residents  expense.

HEY DAVE – Welcome to The Jungle!

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