Lawsuit Targeting RES Seeks Class Action Status

posted on:
July 25, 2007

author:
Staff

category:
Environmental

Renewable Environmental Solutions previously the target of lawsuits by the city of Carthage and the Missouri attorney general’s office has now been named in a lawsuit filed by a Carthage resident.

A Montgomery, Ala., law firm filed the lawsuit on behalf of Cynthia Sundy, 200 N. McGregor Ave., alleging that odors from the plant are a nuisance and that the company has been negligent. Sundy seeks compensatory and punitive damages, as well as attorney fees. She is represented by Ron Jones, with Beasley, Allen, Crow, Methvin, Portis and Miles.

"We looked into the issue and decided we wanted to help," Jones said.

Sundy was not available for comment Wednesday.

The response by attorneys for RES focuses largely on their claim that the case should be transferred to federal court.

Brian Appel, president of RES, did not return calls for comment Wednesday.

In its response, RES also said the company has yet to make any profit, although it has been in operation for three years in Carthage.

RES attorneys in their filing outlined the history of the company and its goal, which they said is to reduce animal waste and create an alternative energy source by converting poultry byproducts to fuel oil and other marketable materials.

RES also says in its filing, "The members of RES intended the Carthage facility to be the first of many similar facilities located throughout the United States and the world … as a result growth plans as originally contemplated have been delayed pending additional investment and achievement of profitability."

Jones said the firm will ask that the case be heard as a class action "to make a claim on behalf of a number of residents who have been affected."

"It’s conceivable that every single resident impacted could file a claim," he said. "Our goal is to seek relief on behalf of the entire group."

Jones said the goal of the lawsuit is not to shut RES down, but for "the plant to address its odor problem, and for the people who have been affected by it all this time to be compensated. We hope this can end with a resolution that’s better for the entire community."

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