Conservation group sues over August 'black liquor' spill

A conservation group has filed a lawsuit over a "black liquor" spill from a Bogalusa paper mill into the Pearl River in August, claiming the spill damaged 86 acres of wildlife sanctuary.

Orleans Audubon Society Inc. filed suit against Tin Inc. d/b/a Temple Inland on Nov. 28 in Washington Parish District Court. The defendant removed the case to New Orleans federal court on Dec. 12.

Temple Inland owns the Bogalusa paper mill that emitted toxic chemicals referred to as black liquor into the Pearl River, its tributaries, Lake Pontchartrain and other waterways on Aug. 9, 2011.

The Orleans Audubon Society states that the spill killed thousands of fish which were critical to its 86 acre Fischer Wildlife Sanctuary.

The group is asking the court to force the defendant to fund ecological monitoring and surveys to measure the effect of the discharges and spills on its wildlife sanctuary.

The paper mill is accused of negligence, carelessness, and fault for the lack of attention or indifference to the operation of the mill, lack of prudence or skill in the operation, failing to control, dispose or store its hazardous materials, for the creation of a hazard and inversion of the plaintiff's rights, failing to mitigate damage, failing to contain the spill, and failing to prepare for its discharges or spills despite reasonable foreseeability.

The group is asking the court to force the defendant to fund ecological monitoring and surveys to measure the effect of the discharges and spills on its wildlife sanctuary and for an award of damages that will compensate for the clean-up and remediation of the land and waters of the Fischer Wildlife Sanctuary.

The plaintiff is represented by New Orleans attorney Michael W. Tifit.

U.S. District Judge Eldon E. Fallon is assigned to the case.

Case No. 2:11-cv-03050