Harper Marshall

February 16, 2007

In January, the M.G. Walbaum Company entered into a consent decree with the United States and the State of Nebraska to resolve Clean Water Act violations resulting from the company's egg production business. The Environmental Protection Agency (EPA), along with Nebraska's environmental regulatory authority, filed a complaint in April 2006 alleging M.G. Walbaum Company violated sections 301, 307 and 402 of the Clean Water Act. The complaint also alleged a violation of the Clean Air Act.

These violations stemmed from M.G. Walbaum's egg production and processing plants in the surrounding area of Wakefield, Nebraska. During M.G. Walbaum's production and processing of eggs, M.G. Walbaum was discharging industrial wastewater into the City of Wakefield's water treatment facilities that caused the City to violate the effluent limits in violation of the Clean Water Act. The Company also discharged pollutants, including poultry waste and animal feed, into a creek controlled by the federal government in violation of the Clean Water Act.

As a result of these violations, M.G. Walbaum entered into the consent decree to pay $1.05 million, which will be divided equally amongst the United States and the State of Nebraska. The decree provided that M.G. Walbaum and the City of Wakefield entered into an agreement to build a wastewater treatment facility to protect against future violations. The agreement stipulated that M.G. Walbaum will construct a wastewater treatment facility in the City of Wakefield at an estimated cost of $16 million and is expected to be operational in late 2008.

This settlement signifies the continued diligence and dedication of the EPA and state authorities to enforce environmental laws, especially regarding the country's water systems. It is also significant that the state and federal authorities worked well together to bring about an agreeable resolution. Sue Ellen Wooldridge, Assistant Attorney General for the Justice Department's Environmental and Natural Resources Division stated, "This settlement underscores the Justice Department's commitment to enforce vigorously the nation's laws that protect the public and the environment from pollution."

Sources:

Consent Decree of U.S. v. M.G. Walbaum, No. 8:07CV14 (Dist. Neb. Jan. 9, 2007), available at http://www.usdoj.gov/enrd/Consent_Decrees/Walbaum/r_M.G._Waldbaum_CDFinal.pdf (last visited Feb. 16, 2007).

Press Release, U.S. Department of Justice, M.G. Wilbaum Company Will Pay $1 Million Penalty to Resolve Clean Water Act Violations (Jan. 10, 2007), available at http://www.usdoj.gov/opa/pr/2007/January/07_enrd_007 .html (last visited Feb. 16, 2007).

Clean Water Act, 33 U.S.C. §§ 1311, 1317, 1342.

Clean Air Act, 42 U.S.C. § 7412(r).