The Massachusetts Attorney General’s Office (AGO) announced that it has filed a lawsuit in Suffolk Superior Court against a Grafton company, Feedback Earth, Inc., over claims that it has been emitting noxious odors for months that impact residents in several surrounding communities. The lawsuit alleges that the odors emitted from Feedback Earth, Inc., which processes food waste into animal feed, are due, in part, to a pattern of environmental permit violations and unsanitary conditions at its facility.
The AGO is also seeking a preliminary injunction from the Court ordering Feedback Earth to cease its nuisance odors to provide immediate relief to local residents and businesses and to ensure Feedback Earth’s compliance with the law going forward.
“Every community deserves fresh air and responsible neighbors. No one should be unable to enjoy their yard, walk their neighborhood, or open their windows because a company, even one with an important mission, is prioritizing its business over complying with reasonable and sound environmental laws and regulations that protect the health of our residents,” said Attorney General Andrea Joy Campbell.
“Diverting food waste from disposal and repurposing it for animal feed and other uses is important for both our solid waste and climate goals,” said Massachusetts Department of Environmental Protection (MassDEP) Commissioner Bonnie Heiple. “Ensuring that companies operate in ways that protect the health of their neighbors and the environment is of the utmost importance, and the state looks forward to putting an end to the conditions causing these odor issues.”
The AGO alleges that Feedback Earth has been engaged in a pattern of environmental permit violations under the state’s Clean Air Act and Solid Waste Act, causing odors from its Grafton facility to waft into the surrounding area. The complaint alleges that these problems significantly worsened this summer, after the company began to process lobster shells without permission from MassDEP. According to the complaint, the odors regularly impacted residents’ ability to use their yards and open their windows for several miles around the facility, resulting in hundreds of complaints to MassDEP and Feedback Earth.
The AGO alleges that Feedback Earth improperly stored food waste, processed spoiled food, and failed to notify MassDEP before making changes to its operations, all of which potentially exacerbated odors. Affidavits from residents provided in support of the AGO’s preliminary injunction motion also claim that Feedback Earth made it more difficult for neighbors to report odor violations by changing the number of the complaint reporting hotline, encouraging residents to make reports outside of the MassDEP-mandated hotline, and making unannounced visits to complainants’ homes.
In addition to preliminary relief, the AGO is also seeking a permanent injunction to stop the nuisance odors, as well as civil penalties, for the alleged violations.
This case is being handled by Assistant Attorneys General Zeus Smith and Jillian Riley of AG Campbell’s Environmental Protection Division with assistance from Environmental Analysts Randa Kallin and Michael Penny, Section Chief Thomas Hannah, and Deputy Regional Director John Volkerding of MassDEP’s Central Regional Office, and Anne Blackman and Rebecca Gobeil of MassDEP’s Office of General Counsel.
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