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New-Indy plant settlement for residents approved by judge

The settlement includes around 6,000 residents.

CATAWBA, S.C. — There's relief coming for thousands of residents in the Charlotte area after a judge approved a settlement from the New-Indy Containerboard over environmental concerns. 

The company announced it will pay $103 million to settle claims from a year-long, class-action lawsuit. The settlement includes around 6,000 residents. 

Those residents have been fighting the papermill and said it hasn't done anything to fix its output of smelly and potentially toxic gases that it's been releasing from its production for the past three years.

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The plaintiffs asked the U.S. District Court of South Carolina to approve the settlement agreement reached last week. It said New-Indy would settle and pay residents $18 million for claims, attorney fees and expenses. 

The motion went on to say:

"In addition, and as discussed below, Defendants have agreed to undertake remedial activities valued at $85,000,000.00 to resolve the CWA/RCRA Action, the PSD Action, and the Intervention Action which have been brought before this Honorable Court"

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This means the company will spend millions on added measures to alleviate the gases, like a steam stripper and cover the lagoons. 

The residents who qualify for this settlement must have owned a single-family home from Jan. 31, 2021 until Sept. 11, 2021, in the area affected, any spouses or children living in that area during that same time period and got representation for interim class counsel in connection to the emissions. Those impacted have until July 22, 2024, to file a motion for attorneys fees and reimbursement of expenses to be reimbursed. The final settlement agreement must be filed by Aug. 14, 2024 and a fairness hearing will be held on Sept. 5, 2024.

For residents who have been leading the charge against the gas output like Kerri Bishop, she is weary because there's no time frame on the fixes but is left emotional nevertheless. 

"Well, I cried," Bishop said. "Not sure if it was happy or sad, after what happened to me. We are only in 2024, and it was supposed to be done by 2026, and they are then going to add more stuff and not give a date. My thing is, we could be 20 years down the road, and the new stream stripper gives out because that’s what happened with the last one, and we could be in the same situation we are in now.” 

WCNC Charlotte reached out to New-Indy for comment and received the following:

Thanks for your inquiry. Due to the nature of the legal process regarding the settlement, New-Indy is unable to provide a comment at this time. Will advise as soon as the situation changes. In the meantime, please see the mill’s landing page for background, daily emissions reports and additional information.

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