COLUMBIA, S.C. (From news reports) -- The New-Indy Containerboard company is asking a South Carolina district judge to dismiss a suit brought against it that claimed its plant in Catawba violated the Clean Air Act.
New-Indy filed a motion in September 2022 to dismiss a civil complaint brought by a group of seven residents who live near the plant. The residents claim they have suffered from poor health because of chemical emissions from the plant. However, New-Indy's motion to dismiss claims the South Carolina District Court doesn't have jurisdiction over the case and that allowing the civil suit to proceed would violate the separation of powers.
The hearing is set for 10 a.m. on Tuesday, June 20 at the Matthew J. Perry, Jr. Courthouse in Columbia. The same presiding judge had previously denied a motion to dismiss a separate class action suit against New-Indy.
The containerboard plant in Catawba has been the subject of ire for residents since March 2021 after a rotten egg smell wafted through the air in the community. Investigators would later pin the New-Indy plant as the likely source, something state health leaders would later confirm.
Lawsuits and complaints followed soon after as the company faced demands from the Environmental Protection Agency, among other actions. In January 2022, the company provided an inside look at the plant. In November of that year, New-Indy said it had complied with EPA requirements to reduce the rotten egg smell.
However, the company was still being watched closely. The EPA said in March 2023 it found more possible violations at the plant. The Catawba Riverkeeper Foundation also joined a suit against New-Indy in April 2023.
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