Next steps in federal lawsuit against Domtar, per legal doc

KINGSPORT -- The next steps in a federal lawsuit against Domtar Corp. over Kingsport odor are to determine whether or not the lawsuit can proceed as a "class-action" lawsuit, according to legal documents. Two Kingsport residents and Domtar, the plaintiffs and the defendant, respectively, are expected to attend private mediation over the lawsuit by Dec. 15. Both parties agreed to separate parts of the lawsuit into different phases — whether the lawsuit should move forward as a class-action lawsuit, and the merits issue of the case — "for purposes of efficiency and to make this case significantly more manageable," according to legal documents. The latest document related to the case available in PACER, an electronic database that provides public access to federal court documents, outlines deadlines throughout 2027 to litigate the lawsuit's class designation. In February, two Kingsport residents filed a federal lawsuit against Domtar, alleging odor from the company's containerboard recycling mill in Kingsport have kept them and their neighbors from enjoying their properties and engaging in outdoor activities. The lawsuit also alleges the odor has devalued property by the mill and that Domtar has been negligent in mitigating odor from its mill and wastewater treatment operations, amounting to more than $5 million in damages. It seeks to represent all property owners and people who live within two miles of the facility. In May, Domtar Corp. denied claims that its mill releases noxious odors that "invade" the property of Kingsport residents in its legal response to the lawsuit. Domtar also claimed the plaintiffs mischaracterized violation notices that the Tennessee Department of Environment and Conservation has issued the mill over the last few years. TDEC has previously told the Times News that it does not regulate odors, but regulates pollutants that can cause odors. Domtar said the claims in the lawsuit should be dismissed "on the grounds of public policy because the alleged damages are too speculative, remote and wholly out of proportion to the negligence or nuisance alleged." A 2024 editorial by the Times News editorial board is referenced by the plaintiffs in its lawsuit against the company. Domtar said the plaintiffs mischaracterized the editorial's contents, including comments from former mill manager Troy Wilson regarding the mill's odors and attempts to address them. Six Rivers Media, which owns the Times News, is not affiliated with the lawsuit. Domtar's Kingsport mill converted from producing sheet paper to recycling containerboard in 2023. Residents and city officials have complained about rotten egg-like odors coming from the mill since then. The company is in the process of constructing a new system to treat its wastewater, which it says will help mitigate odor. In a statement to Six Rivers Media in February, the company said it does not comment on litigation. A PDF of the latest legal document related to the case is available at timesnews.net. Jorgelina Manna-Rea is a Report for America corps member reporting on issues relating to the environment for Six Rivers Media.