Factory Can't Use Pa. Deal To Bar Water Pollution Suit

Law360 (February 18, 2021, 8:34 PM EST) -- A Pennsylvania federal judge refused Thursday to end a Clean Water Act citizen suit seeking to hold a poultry waste processing facility accountable for discharging excess nitrogen in its wastewater, despite settlements with the state.

U.S. District Judge Jennifer P. Wilson disagreed with Keystone Protein Co.'s argument that a suit brought by the Lower Susquehanna Riverkeeper and the Lower Susquehanna Riverkeeper Association is barred due to two consent orders the facility entered into with the Pennsylvania Department of Environmental Protection that required it to get a whole new wastewater treatment facility to address the problem.

The court also found the poultry plant...

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