A new proposed class-action lawsuit against the Nestle-Purina Petcare plant in north Denver and its “odiferous emissions” was filed Wednesday in federal court after a similar case was dismissed.
The new complaint, brought by four new plaintiffs who live near the York Street pet food plant, alleges the odors released by the facility prevent them from renting out apartments, hosting parties or enjoying their backyards. The plaintiffs also say the scent causes nausea and headaches and can infiltrate their homes for days, according to the complaint.
“It’s like someone barfed in your backyard and then it baked in the sun and then you put a fan on the smell to keep it circulating,” plaintiffs Robert Boughner and Kelly MacNeil said in the lawsuit. (They were quoted as saying the same thing in the first lawsuit, though they weren’t plaintiffs in that case.)
The proposed class action would include anyone who lives within a one-mile radius of the plant, an area that includes an estimated 2,000 households.
The previous lawsuit, filed last year, was fully dismissed May 28 at the request of the remaining plaintiff. The original plaintiffs are not associated with the new lawsuit. Laura Sheets, an attorney with the Liddle Sheets law firm in Michigan who filed both lawsuits, said she could not discuss the previous case.
Efforts to reach representatives from Nestle Purina, which has its headquarters in St. Louis, were unsuccessful Thursday.
Purina first operated its plant in Denver in 1930 and for 42 years produced primarily livestock feed. The company transitioned the plant to a pet food factory in 1972, according to the Nestle website. The plant on York Street abuts Interstate 70 and is next to the Elyria-Swansea and Globeville neighborhoods.
The lawsuit mentions multiple air pollution violations committed by Purina.
Most recently, the Colorado Department of Public Health and Environment fined the company $7,000 for its odorous emissions that were more than double the regulatory threshold allowed by the state, the lawsuit said. The lawsuit also cited violations in 2021 and 2022.
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