New-Indy Paper Mill Pollution

WE BELIEVE CLEAN AIR AND WATER ARE FUNDAMENTAL HUMAN RIGHTS

New-Indy has allegedly been emitting foul-smelling and harmful pollutants and contaminants such as hydrogen sulfide, methyl mercaptan, and methanol into the air and discharging inadequately treated wastewater into the Catawba River. Roughly one million residents in North Carolina and South Carolina have been and continue to be exposed to potential illness-causing contamination through breathing and being generally exposed to the contaminated air and groundwater.

Immediately upon hearing the complaints from citizens about the contamination, we contacted environmental experts and began a thorough investigation into the extent of the contamination. On May 18, 2021, a putative class action lawsuit was filed and on Dec. 8, 2021, the court appointed Chase T. Brockstedt and Philip C. Federico of Baird Mandalas Brockstedt & Federico, Richard A. Harpootlian of Richard A. Harpootlian Law Firm, P.A. and T. David Hoyle of Motley Rice LLC as interim co-lead class counsel.

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New-Indy Paper Mill – FAQ’s

DOES THIS AFFECT MY HEALTH?

Our medical experts have advised that Hydrogen Sulfide exposure, even at low concentrations, can seriously damage your health. Some examples are irritation to the eyes, ears and throat, difficulty breathing, headaches, nose bleeds, poor memory, tiredness, and balance problems. The effects are heightened for those with preexisting conditions such as asthma or severe allergies.

I’M SICK, WHAT DO I DO?

We highly recommend if you are feeling ill to seek medical treatment immediately with a medical provider.

WHY DO I NEED A LAWYER?

To force New-Indy to take responsibility, pay for the harm that they have caused everyone, abide by the environmental rules and regulations, and be a good corporate neighbor. If you want to be fairly compensated for the loss of your property value and physical injuries caused by Hydrogen Sulfide and other contaminants released by New-Indy, we believe you need a lawyer.

WHY SHOULD I HIRE YOU?

We have a team of lawyers and environmental experts who have been investigating the scope and the severity of the contamination. We have successfully handled complex cases with many victims against huge corporations and have achieved great results for our clients. We hope that you will choose to put your trust in our team.

HOW MUCH WILL THIS COST ME?

You will not have to pay anything out of pocket for our representation.

HOW DO YOU GET PAID?

We are taking this case on a contingency basis which means that we only get paid if we are successful. If we win or reach a settlement, we will ask the Court to award us attorney fees which will be a percentage of what is recovered. If we lose, we get nothing. More importantly, if we lose, you owe nothing.

WHO ARE WE?

This is a consortium of law firms including Motley Rice, LLC, the Richard A. Harpootlian Law Firm, P.A. Elrod Pope Law Firm P.A., and the Stavrinakis Law Firm LLC. Our firms have litigated other Hydrogen Sulfide and air and water contamination cases in the past and are working together on this case.

A LEGAL TEAM?

It is important for you to know that in addition to our four law firms, we have retained more than a dozen experts and consultants. We have a very good legal and technical expert team. We are well-funded and will spend whatever is necessary to hold New-Indy accountable and reasonably and fairly compensate you for the harm it has caused. Fair and complete justice in a case like this often does not come quickly, especially when the liable party remains in denial. We believe in truth, transparency, and accountability, and appreciate your patience as we work hard on your behalf to achieve the best outcome possible. Read about how our firm settled a similar lawsuit named the Mountaire Groundwater Contamination Case in Delaware in April 2021.

A LAWSUIT?

We filed a class action lawsuit on June 8, 2021. What that means is we have one case on behalf of many, instead of individual cases. We now wait for the defense to file a response to our lawsuit. After that, we begin the discovery phase of litigation. Discovery is the exchange of information between the parties. Discovery can be written (interrogatories and requests for documents) or verbal (depositions).

WHAT IS OUR APPROACH TO THIS CASE?

Our approach will be to understand the nature and extent of the pollution caused by New-Indy and seek a permanent solution to the entire problem. The permanent solution starts with forcing New-Indy to stop polluting, upgrade its plant and operations, and clean up the environment. In addition, we will seek compensation for personal injuries, medical care, and decreased property values cause by New-Indy’s conduct.

WHAT IS REMEDIATION?

This is one of the most important aspects of the case and is something that separates our case from the other lawsuits filed against New-Indy. New-Indy’s operations continue to pollute the environment. This is an ongoing problem and New-Indy has not done enough to reduce production or fix the problems they caused. A primary goal when we agree to represent you and your neighbors is to force New-Indy to stop polluting the area and clean up the mess it has created (and continues to make worse).

HOW DOES REMEDIATION IMPACT YOU?

We are attempting to secure a clean environment as soon as possible, not only for you, but for your children and grandchildren. Additionally, we are taking steps to ensure that the air you breathe is clean and safe so that you can open your windows whenever you want.

PROPERTY DAMAGES?

Many of you may suffer a decrease in your property value. This is also part of our damages case. We have retained a property valuation expert and it will be necessary to obtain information related to your property. Additionally, you have a claim due to the loss of use and enjoyment of your property.

MEDICAL DAMAGES?

If you decide to become our client, you will receive a questionnaire regarding your medical history and current health complaints. It will be necessary to have a doctor provide an opinion relating any medical conditions to the air emissions or water pollution. To build this part of the case, we will need your cooperation and assistance to obtain the necessary medical information from your health care providers. It is very important that you respond and provide all of the requested information.

WHAT IF I HAVE INFORMATION?

If you have any documents and information including digital materials that relate to your experiences with New-Indy and the impact on your property and family—this includes medical records, well test results, pictures and video, appraisals, and similar documents, emails, text messages, and social media postings—please share them with us and keep a copy. You need to preserve that information and not destroy it.

HOW WILL I KNOW WHAT IS GOING ON?

We will send you updates via email every 10 to 12 weeks. Sometimes litigation can move slowly, but we will always keep you informed. In addition to recurring updates, you may call us to discuss any questions or concerns you may have as the case moves forward.

HOW DO I HIRE YOU?

You may sign up today by signing the Agreement of Retainer and the medical authorization attached to this sheet and return it to one of our many staff. You may take the Agreement of Retainer home, review it, and send it via email to diane@bmbde.com.

WHAT ABOUT MY FAMILY MEMBER, MY NEIGHBOR, AND MY FRIENDS?

Please tell them to complete the contact form and we will contact them as quickly as possible to obtain information from them to make arrangements to send them an electronic version of the retainer. Or they may call 803-599-2265 so we may obtain information from them and make arrangements to execute the retainer or for any additional questions.

Additional Links

New-Indy Contamination Town Hall
Attorneys Phil Federico and Chase Brockstedt speak to WBTV about South Carolina Department of Environmental Control ordering New-Indy Containerboard to stop the stink that has been plaguing residents for months.
‘It’s like living in a war zone’ | Neighbors of the New-Indy paper plant gather for a town hall to discuss solutions
Lawyers get public input at town hall over stench from New-Indy Plant in S.C.
New documents shed light on ‘rotten egg’ stench coming from SC factory.
Amended Class Action Complaint – August 11, 2021
Plaitiff’s Motion To Consolidate Cases, Appoint Interim Counsel, and For Leave To FileConsolidated Amended Complaint and Incorporated Memorandum of Law
Press Release – September 24, 2021