A fertilizer spill in March 2024 killed nearly all the fish in the affected segments of the East Nishnabotna and Nishnabotna rivers. (Photo courtesy of ©Tracy Lovett)
Iowa Attorney General Brenna Bird announced Wednesday she has settled environmental cases involving a meat processing facility and a farmers cooperative, both of which had polluted Iowa waters.
The cases dealt with a historic spill on the East Nishnabotna River occurring in March 2024 and several years worth of wastewater discharges from Agri Star Meat and Poultry that exceeded permitted amounts. An attorney concerned with environmental and water issues in the state called the settlements a “sweetheart deal.”
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In the first case, about 265,000 gallons of liquid nitrogen fertilizer spilled from a clogged line at NEW Cooperative in Red Oak and killed fish for a stretch of nearly 50 miles down the East Nishnabotna and Nishnatbotna rivers.
The spill resulted in more than 750,000 dead fish, making it one of the deadliest fish kills in Iowa history. The estimated cost of the fish kill came to more than $225,000.
The Attorney General’s Office prosecuted both cases on behalf of the Iowa Department of Natural Resources, which has a $10,000 administrative fine cap.
According to a press release from Bird’s office, the settlement reached with NEW Cooperative includes a $50,000 penalty and a payment of $50,000 toward a supplemental environmental project with the Montgomery County Conservation Board.
Per the settlement, the cooperative also agreed to a three-year statewide injunction that prohibits future water quality law violations.
James Larew, an attorney with the environmental group Driftless Water Defenders, said the Nishnabotna River incident “deserved, but did not receive, prompt, appropriate regulatory attention.”
“The public has been locked out of the process by which the interests of the people are considered,” Larew said. “Iowa’s environment will only be improved if citizens are allowed timely, appropriate notice and an opportunity to be heard before sweetheart deals are cut.”
Larew took issue that the cases were only brought to the knowledge of the public after they had been settled.
Larew also represents citizens of Iowa in a federal suit against Agri Star Meat and Poultry LLC for its history of water pollution violations.
“We are disturbed that under Iowa law, citizens who have initiated a lawsuit — alleging very serious violations of environmental law leading to the damage of some as Iowa’s most pristine water resources — could first learn about a legal proceeding initiated in state court through press releases issued by the State of Iowa,” Larew said.
Agri Star Meat and Poultry is a kosher meat processing facility located in Postville and is regulated by the DNR under a National Pollutant Discharge Elimination System permit.
According to the release from Bird’s office, the facility has exceeded its NPDES permit limitations approximately 60 times over the past several years. Additionally, it said the plant has failed to meet compliance schedules, submit necessary reports, report outages or failures and daily maximum violations, and conduct required monitoring.
The settlement with Agri Star includes a $50,000 penalty and an agreement to “come into full compliance” with the NPDES permit by Dec. 31, 2026.
The release said the plant’s most recent violation caused “acutely toxic” concentrations of ammonia in nearby Hecker Creek.
Driftless Water Defenders’ suit seeks damages of more than $68,000 per day of Clean Water Act violations, according to the filings. In addition to Hecker Creek, the group alleges the facility has polluted the Yellow River.
“Citizens should have, under these circumstances, a right to be notified and an opportunity to be heard on those very issues that they have brought to the federal court’s attention,” Larew said. “We are reviewing and we will take appropriate steps to protect the interests of our clients and the citizens of the state of Iowa.”
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