Judge OKs $103 million settlement in New-Indy pollution suit. Only some goes to residents
A federal judge has approved a $103 million settlement in a pollution lawsuit against a York County containerboard mill that sparked thousands of complaints over the smell and emissions from the plant, court documents show.
Thousands of residents sued New-Indy in 2021 over environmental concerns and the odors that allegedly caused nausea, headaches, and other ailments.
The plaintiffs will split up $18 million of the money, documents show. The other $85 million goes to “agreed-upon remedial actions” New-Indy will pay to address environmental concerns, according to the settlement agreement signed by all parties. It does not specify those remedial fixes or when they will be done.
The plant is along the Catawba River east of Rock Hill on the York County side. It’s unclear exactly how many people will be paid because there is an affected area of miles in all directions that reaches into Lancaster County. The settlement agreement lists over a thousand people.
Rock Hill resident Betty Rankin, who voiced complaints about the smell for years, told The Herald Thursday she is “cautiously optimistic” about the settlement.
Lawyers for both sides agreed to the settlement last week before U.S. District Court Judge Sherri Lydon gave preliminary approval Wednesday. A final approval hearing is expected in September, documents show.
Rotten egg smell at mill
In a statement to The Herald, lawyers for the plaintiffs confirmed the settlement New-Indy and the residents reached to resolve all pending litigation concerning the New-Indy mill. They otherwise declined to comment.
The settlement agreement states New-Indy admits no liability in the lawsuit.
Residents called the odors similar to rotten eggs, dirty diapers or other foul smells. South Carolina agencies received more than 47,000 odor complaints from people in both South Carolina and North Carolina in subsequent years.
In June 2023, lawyers for New-Indy told Lydon in a court hearing the company made changes to the plant.
In 2022, federal courts approved a $1.1. million Environmental Protection Agency fine against New-Indy.
New-Indy, whose parent company is partially owned by New England Patriots owner Robert Kraft, purchased the former Bowater and Resolute Forest Products plant in 2018.
