Mountaire Farms Asks Court to Strike Motion Against Consent Decr - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Mountaire Farms Asks Court to Strike Motion Against Consent Decree

Posted: Jun 12, 2018 6:39 PM Updated:

MILLSBORO, Del.- Mountaire Farms has formally asked the Delaware Superior Court to strike a motion to intervene filed against the poultry company's consent decree with the Delaware Department of Natural Resources and Environmental Control.

According to a statement from Mountaire, the company filed its motion to strike the motion to intervene on Tuesday afternoon. The company says it's ready to improve its wastewater treatment plant and engage in other consent decree conditions as soon as a judge signs off on the agreement. In its statement, Mountaire categorizes the motion to intervene as "attempts by plaintiffs’ lawyers to disrupt the important work that needs to commence[.]"

Last week, law firm Baird Mandalas and Brockstedt filed a motion to intervene in Delaware Superior Court. The filing called the consent decree "wholly inadequate" and that it fails to address issues that led to Mountaire's wastewater upset last fall. The firm argues that the consent decree does not require Mountaire meet the nitrate drinking water standard set by the EPA, does not provide an absolute requirement for a public water system and that the proposed public water system does not address groundwater contamination for many, including 500 of the firm's clients.

On Tuesday, Mountaire accused attorneys of launching a "smear campaign" against the company and alleges "the last thing that these lawyers want to see is a Consent Decree that resolves environmental concerns and provides real benefits to local neighbors." Mountaire also calls the motion to intervene "part of a sustained attack on the poultry industry in Delaware."

After filing the motion to intervene last week, Brockstedt said his firm is holding Mountaire accountable. 

"Not only does that include compensating [clients] for lost property values and sicknesses caused by chronic exposure to nitrates and other contaminants, it includes ensuring that Mountaire is complying with its permits, regulations and industry standards in a way that does not further contaminate the area," he says. "DNREC missed a significant opportunity to have a positive impact on our clients and this area of Sussex County."

Mountaire Farms' request to strike the motion to intervene comes the same day Delaware law firm Baird, Mandalas and Brockstedt told WBOC 700 people from the Millsboro area are part of a class action lawsuit to be filed against Mountaire Farms Wednesday.

Mountaire says its request to strike the motion will be heard Friday, July 6 in Superior Court.

To read the full statement from Mountaire Farms and the original motion to intervene, please review the PDFs below. 



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