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.