Mountaire asks court to strike motion to intervene on consent decree

MILLSBORO – Mountaire Farms of Delaware, Inc. has asked the Delaware Superior Court to strike attempts to disrupt work needed to commence under the consent decree recently entered into by Mountaire and the Department of Natural Resources and Environmental Control regarding Mountaire’s Millsboro poultry processing facility.

On June 4, a consent decree agreement between DNREC and Mountaire was filed in the Delaware Superior Court. The decree provides for over $36 million in wastewater treatment plant upgrades to be completed within 24 months, remediation of decades-old groundwater contamination as well as an alternative water supply for Mountaire’s neighbors.

In response to the consent decree, the law firm of Baird Mandalas and Brockstedt last week filed a motion in Delaware Superior Court to intervene.

The Baird Mandalas Brockstedt law firm has scheduled a press conference Wednesday, June 13 for a major announcement regarding the Mountaire groundwater contamination case. The press conference is scheduled to begin at noon at the Millsboro Town Center.

The threat of legal action against Mountaire by several law firms has been brewing for several months over suspected groundwater contamination that include high nitrate levels.

Mountaire, meanwhile, is asking the court to strike the motion to intervene.

“We are ready to begin work as soon as the court enters the order. Unfortunately, we can’t commence these improvements because two out of state law firms, assisted by local law firms, are now attempting to intervene in these proceedings,” Mountaire stated in a company release provided by Brad Grantham. “Although professing a desire to protect Millsboro citizens, in fact these lawyers seek to prevent the entry of this beneficial consent decree. We know this because for months these law firms have embarked on a negative public relations campaign, with meetings and dramatic presentations, full color glossy advertising materials and mailers, and even door to door solicitations targeting individuals who are, in most cases, located miles away from Mountaire’s Millsboro facility. This smear campaign against Mountaire falsely claims that Millsboro area water problems are solely the fault of Mountaire, and completely unrelated ailments suffered by some Millsboro area residents has been caused by Mountaire.”

“These plaintiffs’ lawyers are interested only their own profits, and the last thing that these lawyers want to see is a consent decree that resolves environmental concerns and provides real benefits to local neighbor,” Mountaire’s statement reads. “Mountaire believes that the consent decree provides the best path forward to upgrade our wastewater treatment plant, remediate groundwater contamination, and supply an alternative public water supply to local neighbors. We are therefore moving to strike these attempts to intervene, in order to clear the way for the court to enter the consent decree.”

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