Hundreds of Consumers Take Action Against Paper Mill for ‘Rotten Egg Stench’

Hundreds of people living as far as 30 miles from a South Carolina paper mill are looking to join a class action lawsuit over the mill’s rotten egg stench, which they say is wafting over the entire region and causing a nuisance to the nose.

The class action lawsuit was filed recently against New Indy Containerboard in South Carolina’s York County. 

The nuisance class action alleges New Indy is putting profits over people — as many as 1.6 million people in four counties whose lives are being disrupted by the stink.

It says the air pollution is caused by hydrogen sulfide, which we recognize as a rotten egg smell. The class action lawsuit is representing people who live in a 30-mile radius that reaches from Uptown Charlotte past York South Carolina.

Lawyer for the Class Gary Mauney told WBTV he currently has four plaintiffs, and has received calls from more than 100 people who are also interested in joining the suit.

Residents say they are concerned about their property values, he told WBTV. They are seeking damages for harm to property value, and also for physical injuries like coughing and migraines.

“You don’t have the right to take your desire to make a profit and harm someone else in order to do that. And so that’s what we’re trying to stop,” Mauney told WBTV.

He said the class action case was built using evidence from both the Environmental Protection Agency and the South Carolina Department of Health and Environmental Control that say New Indy is responsible for the stink.

The class action alleges the company has been “reckless, willful and wanton” in its handling of the smells. Mauney said New Indy used cheap methods to dispel the hydrogen sulfide, which were ineffective. 

Meanwhile, in May, the U.S. Environmental Protection Agency issued an emergency order under the Clean Air Act, also ordering New-Indy to take actions to remedy the unlawful air pollution released from the mill. 

The company said it was reviewing the order and intended to comply in good faith as soon as it was reasonably and safely able. New Indy’s corporate owners include Robert Kraft of the NFL New England Patriots, and Schwarz Partners.

What do you think of this class action lawsuit centering on a smell? Let us know in the comments! 

The Plaintiffs are represented by Richard A. Harpootlian, Christopher P. Kenney, and Phillip D. Barber of Richard A. Harpootlian P.A. and Gary V. Mauney of Mauney PLLC. 

The New-Indy Pollution Class Action Lawsuit is White v. New-Indy Catawba LLC, Case No. 0:21-cv-01480-SAL in the United States District Court District of South Carolina Rock Hill Division.

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