We believe access to clean air and water is a fundamental human right. When a corporation sought to strip that right from the people of Millsboro, Delaware, Baird Mandalas Brockstedt & Federico took action. In 2017, Millsboro resident Gary Cuppels, who was a current client of BMBF, reached out to us with concerns about his drinking water after he had unexpectedly received cases of bottled water from local chicken processing company Mountaire. He realized his drinking water may not be safe and asked us to help.
His courage to speak out kicked off a series of events that led to a record-breaking $205 million resolution for the people of Millsboro – the largest ever for a nitrate groundwater pollution case.
To achieve this outcome, BMBF undertook an extensive investigation into Mountaire and its waste disposal practices. We reviewed thousands of pages of documents on the corporation’s conduct, tested the wells of over 100 Millsboro residents, spoke with residents at town hall meetings, and interviewed former Mountaire employees about the plant’s practices. Our team included over a dozen experts to help take on Mountaire, including a hydrogeologist, wastewater management expert, economist, and environmental engineer.
Our findings were stunning and tragic: since it acquired the Millsboro plant in 2000, Mountaire had sprayed billions of gallons of highly contaminated wastewater and liquefied sludge on lands near residences. The waste was made up of feathers, dirt, fecal matter, blood, flesh and fat, as well as slaughtering, grease chiller, and processing wastewater. The company knew its disposal practices were polluting Millsboro’s groundwater and air by increasing the levels of chemicals like nitrates, ammonia, and hydrogen sulfide to dangerous levels. But they did not spend the money to fix the problem or even warn local residents. Instead, they rapidly increased production and waste generation, further contaminating the water.
This flagrant disregard for safety in the name of profit led to life-changing impacts on the people of Millsboro. The contaminated air and water supply caused serious health problems, the odor from the spraying of the wastewater prevented people from being able to be outside, and property values plummeted.
On behalf of Gary and more than 800 other Millsboro residents, we filed a lawsuit against Mountaire on June 13, 2018. After nearly four years of investigating and litigating, a $205 million settlement was approved on April 12, 2021. The historic settlement – the largest resolution of nitrate groundwater contamination in history – includes $120 for necessary plant upgrades at Mountaire’s facilities, $20 million for ongoing maintenance, and $65 million for direct compensation to those affected. Most importantly, the settlement will provide this region and its residents the resources to repair the damage caused by Mountaire, restore its environment, and once again live in a safe community.
