KINGSPORT, Tenn. (From news reports) -- Domtar Paper Co. has been sued in federal court over alleged "property damages suffered due to noxious odor emissions" from the company's recycled packaging mill and wastewater treatment operations associated with it.
The civil lawsuit, which names two Kingsport residents as class representatives in a proposed class action, was filed in the Eastern District Court of Tennessee.
The allegations center around already well-documented issues Domtar has had with odors associated with the mill since it reopened in 2023. After that reopening, Domtar began converting pulp from recycled cardboard into containerboard for the production of boxes or other packaging.
The lawsuit was filed by Memphis-based Greer Injury Lawyers and Detroit-based Liddle Sheets, a class action firm. It seeks to gain approval for a class of owner-occupants and renters who lived within two miles of Domtar's plant during an applicable statute of limitations, which it estimates at more than 10,000 households.
It claims that Domtar has inadequate emission control systems, that it has failed to properly maintain and operate them, and that the result has been ongoing "noxious and offsite odors ... invading the private property of Plaintiffs and the Class."
Domtar announced in February 2025 it would install an anaerobic digester that it claimed will better manage and treat wastewater while reducing odors at the facility. Construction began in August and was expected to take a year.
The suit includes one count of nuisance, claiming the odors it says originated at Domtar were "indecent and offensive" to people with ordinary health and sensibilities. It claims they "obstruct the free use of their properties so as to substantially and unreasonably interfere with the enjoyment of life and property."
A second count, of negligence, claims that Domtar has a duty to nearby residents to operate in a way that "prevent(s) fugitive emissions of noxious odors from the Facility." It says Domtar could and should have prevented the alleged issue, and that among the results are "loss of use and enjoyment of their properties and the diminution of property values."
The lawsuit lists multiple instances of neighbors complaining that they've been unable to enjoy their property. Those include a late 2024 complaint from one of the named plaintiffs, Scott Enochs, that he couldn't stay outside long enough to do his own gardening and had to hire landscapers to mow and maintain his lawn.
Another complaint from two potential class members said they couldn't use their own hot tub. It added, "Using our grill (and) having family BBQ's or friends over is not possible because you can't even go outside. Our children can not jump on their trampoline or even enjoy bike rides around the neighborhood."
The suit lists several regulatory violation notices issued by the Tennessee Department of Environment and Conservation (TDEC) related to permit violations by Domtar related to the plant and emissions.
It cites Domtar's own admission that hydrogen sulfide, one of the compounds in its wastewater treatment, is "easily detected as the smell of 'rotten eggs,'" and that levels around the mill and treatment facility "can be unpleasant."
The lawsuit requests approval of the proposed class and of plaintiffs Enochs and Tammy Williams as class representatives. It seeks compensatory and punitive damages, attorneys' fees and costs.
The suit also requests a judge's order that the "entrance" of the odors upon plaintiffs' properties constitutes a nuisance. It seeks another order that Domtar was negligent "in causing noxious odors to repeatedly invade and interfere with the Plaintiffs' and Class's private residential properties."
The lawsuit requests a jury trial.
Domtar spokeswoman Jan Martin said the company hadn't yet been served with the complaint and that Domtar "does not comment on pending or potential litigation."
