Adams Responds to Wilbros Lawsuit

September 2, 2013

The attorney representing about 100 plaintiffs in a federal civil suit against Wilbros is responding to the Rose Lane facility’s response to the suit filed last month.

Last week, Wilbros and associated defendants responded to the suit in U.S. District Court in Gainesville, denying the claims of violations of the federal Air Quality and Emissions Limitations Act, trespass and nuisance made in the suit.

The defendants have also filed a motion asking the federal court to dismiss the suit and filed a separate response asking the court to deny the plaintiffs’ request for a preliminary injunction.

Toccoa attorney Alton Adams said he expected the response from Wilbros, stating he feels they are put forth primarily for delay and to increase the time and expense of his clients’ goal in shutting down Wilbros forever or until the facility eliminates the odor.

The suit filed last month in federal court by about 100 plaintiffs alleges that the Rose Lane facility is violating the federal Air Quality and Emissions Limitations Act by being a major source of one or more hazardous air pollutants listed in the act.  The suit also alleges that the odors are a nuisance under state law and that the odors constitute a trespass on their property that has caused damage.

The suit asks the court to grant an order requiring Wilbros to stop operation until it can operate without emitting odors harmful to the Plaintiffs and can operate in compliance with the Air Quality and Emissions Limitations Act.  In addition, the suit asks the court to grant each plaintiff compensatory and punitive monetary damages.

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