Class Actions Filed in Wake of Wastewater Spill in Alabama’s Black Warrior River

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A wastewater spill that contaminated the Mulberry Fork segment of Alabama’s Black Warrior River is at the center of two proposed class action lawsuits filed against Tyson Farms, Inc. and several other allegedly responsible parties.

According to the lawsuits, a pump operated by co-defendant HydraService, Inc. malfunctioned on June 6, 2019, causing a massive spill of partially treated effluent (liquid waste/sewage) from Tyson Farms’ River Valley Ingredients plant into Dave Young Creek, which flows into the Mulberry Fork. The 800,000-gallon spill, the cases allege, exposed the Mulberry Fork to “contaminated water, raw sewage, effluent materials, toxins, bacteria, contaminants and/or other dangerous and unsafe materials,” and triggered a “massive fish kill” that reached areas up to 40 miles from Tyson’s processing plant.

The lawsuits argue that the defendants—who include an individual plant manager and the Jasper Water Works and Sewer Board, Inc. (JWWSB), which provides water from the Mulberry Fork to the citizens of Walker County—failed to take adequate measures to prevent the spill, respond effectively, and warn residents of the potential danger posed by the contaminated water.

In fact, JWWSB allegedly declared to citizens that “the water is safe to drink” and otherwise “took no precautionary actions” in the wake of the spill, despite water samples apparently showing “alarming levels” of the bacteria Escherichia coli (E. coli) approximately 28 miles downstream. According to the complaints, E. coli levels were double the maximum amount allowed by the state of Alabama.

“Defendants’ conduct under the circumstances was negligent, reckless, wanton, and/or willful; and/or amounts to actual malice,” the cases read.

The plaintiffs claim Alabama residents suffered personal injury as well as damage to their properties or businesses as a result of the defendants’ actions. 

The lawsuit alleging personal injury damages was filed on behalf of the following proposed class:

“All Alabama residents who have been personally injured and/or damaged or will in the future be personally injured and/or damaged as a result of the June 6, 2019 wastewater spill/contamination and the subsequent containment, handling, and/or remediation of said spill/contamination.”

The other lawsuit seeks to recover damage to properties on behalf of the following proposed class:

“All Alabama residents who own or lease residential or commercial property and/or personal property that has been or will in the future be damaged as a result of the June 6, 2019 wastewater spill/contamination and the subsequent containment, handling, and/or remediation of said spill/contamination, and/or all Alabama residents who have experienced a negative affect [sic] on his/her/their use of natural resources and/or the general/normal use of their real property and/or personal property as a result of the June 6, 2019 wastewater spill/contamination and the subsequent containment, handling, and/or remediation of said spill/contamination.”

The two complaints can be read below.