Tyson settles case over 'nuisance' emissions
By Michele Linck Journal staff writer | Posted: Wednesday, May 09, 2007
A lawsuit filed seven years ago against IBP inc., now Tyson Fresh Meats, has been settled in U.S. District Court in Omaha.
The settlement, filed on March 30, is confidential and was sealed by the court.
The lawsuit stems back to May 2000, but eventually combined a dozen different cases. They all claimed that hydrogen sulfide emissions from IBP's then-uncovered wastewater lagoons at its Dakota City beef plant and tannery, were a nuisance at their homes.
The plaintiffs included seven married couples and four other adults. Eight of the adults also sued on behalf of their children, with 11 children being named as plaintiffs.
In a statement Tuesday, Tyson said, "Both the plaintiffs and the company have agreed not to provide details of the settlement, however, we would like to say we're pleased to put these cases behind us."
The March 30 settlement applies to 11 of the 12 cases; a case filed by Rick and Darcey Shimitz is still pending. A lawsuit brought by Carol Marmo of South Sioux City went to trial in 2005. Marmo won a jury decision and was awarded, $17,500, according to Tyson. She appealed that settlement, but the U.S. Court of Appeals for the 8th Circuit upheld it.
Among the plaintiffs in the recently settled case were Kenneth Modlin, the husband of the late Linda Modlin, of Dakota City, and their daughter, Wendy Modlin. Wendy Modlin sued on behalf of herself and her three children. She did not return a phone message left for her on Tuesday.
In the 1990s, Linda Modlin worked with Rod Krogh, then of South Sioux City, to form the Citizens group, which pressured IBP to cover its lagoons to reduce the odorous gas, also referred to as H2S. A number of Dakota City residents claimed it caused or aggravated health problems, especially asthma and other respiratory ailments.
An attorney involved with the lawsuit but who didn't want to be identified talking about it, said the plaintiffs did not allege any health issues.
Hydrogen sulfide, which smells like rotten eggs, is known to be fatal in high concentrations indoors, but no specific health standards exist for it in ambient air. The citizens group was able to attract enough attention to the question that the Agency for Toxic Substances and Disease Registry, an agency of the Centers for Disease Control in Atlanta, conducted a study of 340 residents. The study looked for neurological damage from exposure to the gas in ambient air.
The Environmental Protection Agency installed 28 air monitors throughout the county and inside several residents' homes to constantly record the levels of H2S over months.
While the ATSDR found that emergency hospital visits for such ailments as asthma went up for children during higher releases of H2S, its neurological study could not definitively connect any harm. The Nebraska Department of Environmental Quality established air quality standards for Total Reduced Sulfides, an emission which is largely H2S, but easier to measure than H2S alone.
Joan and Murray Larson, whose names captioned the group lawsuit, declined to talk about it when contacted Tuesday.
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The settlement, filed on March 30, is confidential and was sealed by the court.
The lawsuit stems back to May 2000, but eventually combined a dozen different cases. They all claimed that hydrogen sulfide emissions from IBP's then-uncovered wastewater lagoons at its Dakota City beef plant and tannery, were a nuisance at their homes.
The plaintiffs included seven married couples and four other adults. Eight of the adults also sued on behalf of their children, with 11 children being named as plaintiffs.
In a statement Tuesday, Tyson said, "Both the plaintiffs and the company have agreed not to provide details of the settlement, however, we would like to say we're pleased to put these cases behind us."
The March 30 settlement applies to 11 of the 12 cases; a case filed by Rick and Darcey Shimitz is still pending. A lawsuit brought by Carol Marmo of South Sioux City went to trial in 2005. Marmo won a jury decision and was awarded, $17,500, according to Tyson. She appealed that settlement, but the U.S. Court of Appeals for the 8th Circuit upheld it.
Among the plaintiffs in the recently settled case were Kenneth Modlin, the husband of the late Linda Modlin, of Dakota City, and their daughter, Wendy Modlin. Wendy Modlin sued on behalf of herself and her three children. She did not return a phone message left for her on Tuesday.
In the 1990s, Linda Modlin worked with Rod Krogh, then of South Sioux City, to form the Citizens group, which pressured IBP to cover its lagoons to reduce the odorous gas, also referred to as H2S. A number of Dakota City residents claimed it caused or aggravated health problems, especially asthma and other respiratory ailments.
An attorney involved with the lawsuit but who didn't want to be identified talking about it, said the plaintiffs did not allege any health issues.
Hydrogen sulfide, which smells like rotten eggs, is known to be fatal in high concentrations indoors, but no specific health standards exist for it in ambient air. The citizens group was able to attract enough attention to the question that the Agency for Toxic Substances and Disease Registry, an agency of the Centers for Disease Control in Atlanta, conducted a study of 340 residents. The study looked for neurological damage from exposure to the gas in ambient air.
The Environmental Protection Agency installed 28 air monitors throughout the county and inside several residents' homes to constantly record the levels of H2S over months.
While the ATSDR found that emergency hospital visits for such ailments as asthma went up for children during higher releases of H2S, its neurological study could not definitively connect any harm. The Nebraska Department of Environmental Quality established air quality standards for Total Reduced Sulfides, an emission which is largely H2S, but easier to measure than H2S alone.
Joan and Murray Larson, whose names captioned the group lawsuit, declined to talk about it when contacted Tuesday.
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