A class action lawsuit has been filed against Big Ox Energy in South Sioux City. Paperwork of the class action lawsuit asks for a jury trial against Big Ox for being negligent and releasing odors that are limiting residents from being able to freely use their property.
The plaintiffs of the suit are Gary Johnson and Sara Blum. They are being represented by Robert Stahle of Fitch and Stahle Law Firm and Steven Liddle of Liddle and Dubin, P.C. They are asking to represent all Nebraska residents that live within two miles of the Big Ox facility.
Big Ox converts industrial food and agricultural waste into natural gas. The lawsuit says that Big Ox owes a duty to properly prevent the noxious odors created from being emitted into the surrounding community.
The suit says that Big Ox “intentionally, recklessly, willfully, wantonly, maliciously, grossly and negligently failed to properly” operates the facility. It goes on to say that the facility has a record of emitting the odors, citing Notice of Violations from the Nebraska Department of Environmental Quality on August 16, July 23, and July 20. They also say that numerous complaints against Big Ox have also been filed to the NEDEQ and South Sioux City officials.
The odor interferes with residents’ “use and enjoyment of their property,” the lawsuit says due to the negligence of Big Ox. The suit further claims that whatever social utility provided by Big Ox is outweighed by the suffering they have caused.
The plaintiffs ask to represent everyone that lives in Nebraska within two miles of the Big Ox facility.