Judge denies motion to dismiss lawsuit against odorous York County paper mill

The odor dilemma has sparked thousands of complaints against the paper mill.
A judge has ruled a class action lawsuit against New Indy Containerboard can move forward. They had been trying to get the lawsuit thrown out.
Published: Aug. 9, 2022 at 12:50 PM EDT
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YORK COUNTY, S.C. (WBTV) – A judge has denied a motion to dismiss a lawsuit filed against a York County paper mill that residents say is causing a foul smell in the area.

In her Aug. 5 ruling, U.S. District Judge Sherri Lydon said the plaintiffs have “plausibly stated their private nuisance and negligence and gross negligence claims” against New Indy Containerboard.

“We are pleased with Judge Lydon’s decision denying New-Indy Containerboard’s motion to dismiss. As alleged in the complaint, New-Indy’s harmful emissions have continued to produce a foul odor and cause numerous health issues for the citizens of surrounding communities. We look forward to continuing the fight to hold New-Indy accountable and help restore the quality of life for those affected by the papermill’s careless operation,” a statement from the plaintiffs’ attorneys said in part.

The South Carolina Department of Health and Environmental Control is requiring the company to clean up two parts of the mill contributing to the odor and symptom-causing fumes.

Related: Odorous paper mill in York County fined, ordered to clean up its act

Mill staff is required to clean those by the years 2023 and 206.

Recently, the York County mill was also hit with a $120,000 fine.

The odor dilemma has sparked thousands of complaints against the paper mill.

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