International Paper mill in Bogalusa, La.
NEW ORLEANS – A group of Bogalusa residents have filed a proposed class action lawsuit against International Paper Company over its Louisiana facility’s “noxious odors” that are allegedly “invading” their properties.
Plaintiffs and putative class representatives Christina McCain, Jessica Martinez Manzo, and Matthew Thomas filed their lawsuit seeking class certification Sept. 25.
According to the complaint, filed in the U.S. District Court for the Eastern District of Louisiana, International Paper has failed to use adequate odor mitigation strategies, processes, technologies, and/or equipment to control “fugitive emissions” from its Bogalusa facility.
“The Facility uses the kraft chemical recovery process to make pulp from wood and manufactures paper products. This process is known to produce noxious odors,” the 15-page complaint states.
“The chemicals used to break down wood and products of the chemical reactions involved include hydrogen sulfide, methyl mercaptan, dimethyl sulfide and dimethyl disulfide. These substances generate highly odiferous noxious odors. In particular, hydrogen sulfide is known to create a rotten egg smell.”
The plaintiffs argue that a properly designed, operated, and maintained facility will “adequately capture,” remove, and dispose of any noxious orders and prevent them from escaping into the ambient air.
“Noxious odors from the Facility have interfered with activities in the surrounding areas (Class Area) and they have precluded the reasonable use and enjoyment of private and public spaces in those areas,” the complaint states, noting that the facility’s emissions have been the subject of “frequent and numerous” complaints by nearby residents.
The plaintiffs allege the facility also has been issued notices of violations, or NOVs, by the Environmental Protection Agency.
“Defendant intentionally, knowingly, willfully, recklessly, and/or negligently failed to properly construct, maintain, and/or operate the Facility,” the filing states, adding that the odors have reduced the value of the plaintiffs’ properties.
The plaintiffs, in their filing, seek to represent a class defined as “all owner/occupants and renters of residential property residing within one and one-half (1.5) miles of the Facility at any time within two years prior to the filing of this Complaint.”
They estimate the number of separate residences within the class area exceeds 3,500.
New Orleans law firm Class Martzell Bickford & Centola has agreed to work with Detroit firm Liddle Sheets PC on the case.
According to the complaint, Liddle Sheets has litigated more than 100 cases across the nation involving the environmental contamination of neighborhoods.
International Paper was sued in federal court earlier last month by a Mississippi woman who allegedly sustained “life-altering” injuries at the same Bogalusa mill.
