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Mountaire Litigation

Unhealthy and Illegal Chicken Waste Disposal and Pollution

Nidel & Nace, Jacobs & Crumplar and Public Justice are representing people that have been impacted by Mountaire’s egregious conduct that has impacted the property and health of the neighboring citizens.  

Mountaire has not been the “good corporate citizen” it continues to claim.  The Sussex chicken processing plant was permitted to dispose a monthly average quantity of 2.6 million gallons per day at a rate not to exceed 2.5 inches per acre averaged over a 7-day period.  Since at least 2010, Mountaire has been exceeding these permitted limits in the name of higher corporate profits. 

Since being caught, Mountaire’s public relation department has tried to portray its failures as a “one time upset” at the facility in the fall of 2017.  But that is misdirection, as Mountaire has been depositing pollutants into neighboring wells through its disposal of chicken waste for years.  Mountaire has had ample opportunity to correct this problem, but they have been unwilling to take the necessary steps right their failures. 

For those living near the Mountaire facility, wells have been contaminated with high levels of nitrates and bacteria, including E. Coli and Fecal Coliform.  These pollutants can cause a litany of serious health effects including congenital birth defects, methemoglobinemia (known as “blue baby syndrome”), reproductive dysfunction, gastrointestinal problems, inflammatory diseases, cardiovascular diseases, and other serious health concerns.

On March 27, 2018, we filed a Notice of Intent under the federal Resource Conservation and Recovery Act, known as “RCRA.”  This federal statute allows us to actually compel Mountaire to fix the harm it has caused and to bring its facility into compliance with state and federal law and permits.  Our team has been leaders in the use of this federal law to force companies to clean up hazards that create imminent and substantial endangerment, such as this one, through RCRA. 

Shortly, we will be filing a complaint for our clients seeking compensation for health impacts, loss of property value, and nuisance and inconvenience.  Our complaint will also seek to compel clean-up of the hazardous waste and future compliance with all federal and state requirements and limits on Mountaire’s dumping.  This will be complicated litigation which will demand legal professionals with experience, competence and diligence in what will be procedurally and substantively complex.  We are looking to speak with any and all people who know details about Mountaire’s conduct and its impacts on the environment as well as those who have suffered contamination of their drinking water well and/or health impacts from Mountaire’s operations in the community.

Our team of law firms is dedicated to fighting for every bit of what you are owed.  Righting this harm means compelling Mountaire to stop its bad behavior and seeking compensation for everyone on an individual basis that makes sense for his/her own individual losses. 

If you have been impacted by Mountaire’s water disposal operations in Millsboro, please fill out the form on this page and someone will contact you shortly.

All consultations are free and confidential.

Environmental Investigations:

Environmental Investigations: