Schneider Investigates Impact of Foxconn Development for Downstream Flooding in Congressional Field Hearing

Today, U.S. Representative Brad Schneider (D-IL) hosted a congressional field hearing of the House Small Business Committee to investigate the Foxconn development in Wisconsin, the crucial environmental review the state of Wisconsin waived, and the expected effects on flooding in downstream communities along the Des Plaines River watershed.

The hearing, titled "Flooded Out: Vanishing Environmental Reviews and the SBA's Disaster Loan Program," centered on the threat posed by waived environmental reviews, exemplified by the Wisconsin Foxconn development, and the consequences for downstream communities It also examined possible strain on federal resources, such as the Small Business Administration's disaster loan program, that are designed to help.

"Wisconsin taxpayers may be paying the price for the Walker administration's exorbitant economic incentives, but it is Illinois residents and small businesses who will be underwater – literally - due to our neighboring state's irresponsible decision to ignore environmental reviews," said Schneider in his opening remarks.

Video of Schneider's opening remarks

Link to full-resolution photos

The hearing, which was held at Village Hall in Wheeling, IL, was attended by more than 100 members of the public.

Rep. Schneider listens to witness testimony during the field hearing.

Testifying at the hearing were the following witnesses:

• Mike Warner – Executive Director, Lake County Stormwater Management Commission – testified to the significant deficiencies for mitigation of floodplain, stormwater and wetland impacts in and around the Foxconn development zone that is expected to worsen flooding impacts within the watershed. In his testimony, Warner highlighted that the flood levels of a 500-year flood are now expected to be the new standard for what we consider a 100-year flood, based on upstream development and climate change. Link to testimony.

• Howard Learner - Executive Director, The Environmental Law & Policy Center – testified to the corners cut by Wisconsin policymakers when they eliminated or weakened meaningful environmental rules in many ways for the Foxconn project. He also discussed how, in the face of climate change-driven increased rainfall, we need to be more mindful of the variables we can control—like environmental review of area development. Link to testimony.

• John Durning – Owner, Pizzera DeVille, LLC – testified to the lasting damage recent flooding had on his small business located in Libertyville, IL. He also discussed how flooding concerns have significantly impacted his future business plans and limited his ability to grow his business. Link to testimony.

Wisconsin Secretary of the Department of Natural Resources, Preston Cole, and Dr. Louis Woo, chief negotiator of the Foxconn development, were both invited to testify at the hearing, but declined to participate.

Witnesses as the congressional field hearing (L to R): John Durning, Howard Learner, and Mike Warner

"This is a local case, but it is emblematic of a national problem of vanishing environmental enforcement, exacerbated by the damaging impacts of climate change. We need to address this deficit, not just to protect affected communities, but also to ensure the longevity of critical programs, such as the Small Business Administration's disaster loan program," said Schneider at the hearing.

Schneider speaks with witnesses Howard Learner and John Durning following the hearing.

Background:

Foxconn plans to construct expansive facilities in the headwaters of the Des Plaines River in Wisconsin. In addition to economic incentives exceeding $4 billion, Wisconsin policymakers waived important environmental requirements related to water management and flooding for the project.

Phase 1 of the Foxconn development has already filled in more than 38 acres of wetlands. During heavy rains, wetlands help mitigate flooding by absorbing water and slowing its release. Local downstream communities in Lake County have faced significant flooding in recent years, affecting more than 3,000 homes and causing millions of dollars in damage.

The Lake County Board, the Lake County Storm Water Management Commission, and several Lake County towns have passed resolutions disapproving of the project, and the Illinois State Senate also adopted a resolution urging the State of Wisconsin to consider the serious environmental and public health implications of the development. This spring, the Lake County Stormwater Management Commission released an alarming engineering and hydrological report that outlined how the Foxconn development was premised on out-of-date rainfall and floodplain data, resulting in a deficit of stormwater storage. Community leaders have rightly raised concerns that this could result in downstream flooding within areas already vulnerable to flooding.

Earlier this year, Rep. Schneider led a letter with his colleagues Senator Dick Durbin, Senator Tammy Duckworth and Representative Lauren Underwood to new Wisconsin Governor Tony Evers urging him to re-evaluate the environmental impact of the proposed Foxconn construction and his state's decision to waive important environmental review of the development.