Michigan Attorney General Dana Nessel continued her push to hold companies that make and use per- and polyfluoroalkyl substances (PFAS) accountable for PFAS contamination in Michigan’s environment by filing a new lawsuit against a paper company with repeated discharges of PFAS-contaminated wastewater (PDF) into the White Pigeon River and the surrounding environment. The lawsuit was filed in Ingham County Circuit Court on behalf of the People of the State and on behalf of the Michigan Department of Environment, Great Lakes, and Energy (EGLE) against Ox Paperboard WP, LLC and White Pigeon Mills, LLC (collectively “Ox Paperboard”) seeking compliance with Michigan’s environmental laws. The Attorney General contends in her lawsuit that Ox Paperboard’s unauthorized wastewater discharges resulted in the release of hazardous substances to the environment, including PFAS.
Since Ox Paperboard began operating the White Pigeon Mill in St. Joseph County in June 2020, EGLE has issued the paper company seven violation notices for improperly discharging PFAS-contaminated wastewater. Despite the repeated violation notices, the lawsuit alleges Ox Paperboard has continued to violate Michigan’s statutes prohibiting harmful discharges into waters of the State, and has further failed to properly close wastewater lagoons on the mill property.
Attorney General Nessel’s complaint seeks proper closure of the wastewater lagoons; an end to Ox Paperboard’s unauthorized discharges to the waters of the State; and civil fines, costs, and damages associated with the violations and the expense to the State to enforce the law.
“As Attorney General, I have prioritized protecting Michigan’s environment and holding polluters accountable,” said Nessel. “When companies operating in Michigan fail to respect our laws and our communities, our Department will not hesitate to use its full authority under the law to defend our public health and our natural resources. It is unacceptable for companies like Ox Paperboard to pollute Michigan’s precious water and put the health and safety of Michigan families at risk.”
“Every resident across the State deserves clean air, safe water, and a healthy community, including being protected against toxic contaminants like PFAS,” said Phil Roos, Director of the Department of Environment, Great Lakes, and Energy. “We are committed to enforcing Michigan’s statutes prohibiting harmful PFAS discharges into waters of the State and EGLE is committed to stopping these discharges and holding this company accountable.”
The suit against Ox Paperboard follows Attorney General Nessel’s PFAS-specific lawsuits against multiple PFAS manufacturers, separate lawsuits against manufacturers of PFAS-containing firefighting foam, a lawsuit, now settled, against Asahi Kasei Plastics North America in Livingston County, a lawsuit against Domtar Industries, Inc. pending in St. Clair County, and a lawsuit related to former Keeler Brass facilities currently pending in Kent County Circuit Court.
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