Blackwood v. N&M Dairy
N&M Dairy was a multi-thousand cow dairy that the dumped millions of gallons of waste produced annually in surrounding open fields and earthen lagoons. The government and N&M Dairy consultants themselves warned N&M that its actions were killing crops and poisoning groundwater. Toxic nitrates seeped into nearby drinking water, and large volumes of toxic waste remain in the soil underneath the now-closed dairy.
During N&M’s operation, it also produced swarms of flies and horrendous odors that made the lives of community members unbearable, rending them unable to use their yards or conduct other daily activities. We sued under the Resource Conservation and Recovery Act to force N&M to clean up the water and soil. In addition, we are using state tort laws to recover damages for the plaintiffs.
We survived a motion to dismiss and briefed a motion for summary judgement. In March 2017, the parties resolved the claims out of court in a way that was satisfactory for both parties and with no admission of liability.
Trial Briefs
- Plaintiffs' Rule 34 Request for Site Inspection (Blackwood v. N&M Dairy) Brief, Misc. Motions
- Motion to Strike Inadmissible Evidence Proffered by Defendants in Support of Their Motion to Dismiss (Blackwood v. N&M Dairy) Brief, Misc. Motions
- Declaration of Deborah Rosenthal in Support of Plaintiffs' Motion to Strike Inadmissible Evidence Proffered by Defendants in Support of Their Motion to Dismiss (Blackwood v. N&M Dairy) Brief, Misc. Motions
- Order Denying Defendants' Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Blackwood v. N&M Dairy) Court Opinion
- Plaintiffs' Opposition to Defendants' Motion to Dismiss on Grounds that the Court Should Decline to Exercise Jurisdiction (Blackwood v. N&M Dairy) Brief, Misc. Motions
- Plaintiffs' Objections to Defendants' Request for Judicial Notice (Blackwood v. N&M Dairy) Brief, Misc. Motions
- Third Amended Complaint (Blackwood v. N&M Dairy) Brief, Complaint
- Plaintiffs' Motion for Partial Summary Judgment (Blackwood v. N&M Dairy) Brief, Motion for Summary Judgment