Litigation Documents Involving Sussex Surry 

A review of these court papers show what we have believed all along: EPA/Industry have no scientific facts. Instead, they try to snow those in power with manipulated facts in hopes they can pull the wool over their eyes. While this has worked in the past, we now hope to set the record straight. If you read through Defendant's pleadings and motions, you will see their long term lawyers do not rely on law but on the smoke and mirrors of EPA/industry's propaganda. It is shocking that some pleadings start with long introductions on the supposed "benefits" and "safety" of sewage sludge, as if trying to lobby the judge with their one sided opinions rather than solid facts and law. A review of past legal actions will show their legal theories like "Preemption" and "Right to Farm" failed before, and now falter here. 

So far, the Plaintiff's attorney, Mr. Chris Nidel, has done quite well. He has won a remand back to state court, and prevailed on Synagro's motion to dismiss the nuisance and negligence claims. Although he did loose the trespass claim, this claim is not as critical as the two that remain which provide the full remedy requested by Plaintiffs in the case. Therefore it is not worth arguing, although we might have a good chance at eventually prevailing there too.

                   (Click on link number to view document)

 

No	Date	Document
1)	11/13/2006	(Plaintiff) Sludge Complaint
2)	12/12/2006	(Defendant) Demurrer to Plaintiffs Complaint
3)	12/19/2006	(Defendant) Synagro's Notice of Removal
4)	1/16/2007	(Plaintiff) Brief in Support of Remand
5)	1/29/2007	(Defendant) Synagro's Opposition to Plaintiffs Motion to Remand
6)	2/2/2007	(Plaintiff) Rebuttal Brief in Support of Motion to Remand
7)	2/7/2007	(Plaintiff) Rebuttal Memorandum in Response to Defendant Sussex Surry's Opposition to Remand
8)	3/13/2007	(Court) Memorandum Opinion
9)	5/22/2007	(Plaintiff) Memorandum in Opposition to Synagro
10)	5/30/2007	(Defandant) Synagro's Reply to Plaintiffs Opposition to Synagro's Demurrer and Motion to Dismiss
11)	6/18/2007	(Defendant) Synagro and Sussex Surry Supplemental Brief in Support of Demurrer and Motion
12)	6/28/2007	(Plaintiff) Supplemental Memorandum in Opposition
13)	7/10/2007	(Defandant) Synagro and Sussex Surry's Reply to Plaintiffs Opposition to Defendants Supplemental Brief
14a)	7/12/2007	(Defendant) Motion to Compel Plaintiff's Evidence Supporting Causation
14b)	7/12/2007	(Defendant) Memorandum in Support of Motion to Compel Plaintiff’s Evidence Supporting Causation
14c)	7/12/2007	(Defendant) Proposed Order on Expert Discovery
15)	11/2/2007	(Court) Memorandum, Opinion and Order
All		Entire Suite of Documents

Blog Link: Wyatt vs Synagro - The Gutter Grunt's Anti-BS Blog, Jan 9, 2008