116 3rd St SE
Cedar Rapids, Iowa 52401
Driftless group sues Postville meat plant over wastewater
The federal lawsuit, citing repeated violations, seeks compliance and fines
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A Northeast Iowa group that advocates for clean water filed suit Monday against a Postville meatpacking plant for its persistent wastewater pollution violations.
The Driftless Water Defenders notified Agri Star Meat & Poultry of the potential lawsuit in December. It noted more than 50 violations of the facility's wastewater permit in the past four years. The company has a wastewater treatment system that discharges into nearby Hecker Creek, which flows to the Yellow River.
The federal Clean Water Act allows the lawsuits to force compliance with environmental laws if government agencies fail to act. It also requires the 60-day notification of potential lawsuits.
Such citizen lawsuits are uncommon and have drawn the recent ire of state Republican attorneys general, who argue that they usurp state regulators.
Iowa Attorney General Brenna Bird last year joined with her counterparts in 24 states to urge the U.S. Supreme Court to reverse a lower-court ruling that allowed a citizen suit in Washington state to continue. That suit targets the Port of Tacoma over its allegedly insufficient stormwater controls.
"State and federal governments are already enforcing laws to keep people healthy and waters clean," Bird said at the time. "We must not allow unelected, green activists to weaponize lawsuits to force woke mandates, hurt farmers or threaten cities that are working hard to keep drinking water clean."
Bird and the Iowa Department of Natural Resources, which is charged with regulating wastewater discharges into streams, have declined to comment about the Agri Star lawsuit specifically.
The Driftless group wants a judge to force Agri Star's compliance with the requirements of its wastewater permit and to also fine the company — up to about $68,000 per day per violation, as allowed by federal law.
The company's violations include excessive discharges of ammonia nitrogen, chloride, copper, grease and solid material, along with insufficient sampling.
The Iowa DNR has sought in recent years to get Agri Star into compliance, but has not fined the company.
Comments: (319) 368-8541; jared.strong@thegazette.com
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