In the petition, filed with U. S. District Court for the Western District of Missouri, the insurance company says the lawsuit, which is currently in Jasper County Circuit Court, is not covered by its policy with RES.
In her three-count lawsuit Ms. Sundy claims RES has created a continuing nuisance and has been negligent in the operation of its plant, which converts turkey waste material from the nearby Butterball plant into fuel.
Friday's court filing says the case belongs in Jasper County because "it is a local controversy," "the primary defendants are Missouri citizens," and RES has its "first and only plant" in Carthage.
In the petition, Ms. Sundy's lawyers list the checkered history of the company in Carthage:
Since the RES plant began operation, the Missouri Department of Natural Resources has received hundreds of odor complaints against RES, including over 500 in 2004 and 2005 alone. DNR receives far more complaints against RES than any other entity in the entire state of Missouri. From Nov. 1, 2005 through Nov. 30, 2005, there were 75 odor complaints to DNR in all of Missouri. Of these 75 complaints, over 40 were made against RES for odor emissions. From March 1, 2007 through March 15, 2007, there were 52 odor complaints statewide. Over 37 of these complaints were levied against RES for odor emissions. The location of these complaints also indicates that the offensive and noxious odor reaches most of the northern one-half of the city of Carthage.
The RES plant has repeatedly been cited by the Missouri Air Conservation Commission and Missouri Department of Natural Resources for violating the Missouri Air Conservation Laws.
Ms. Sundy's lawsuit asks for compensatory damages, punitive damages, interest, attorneys' fees, injunctive relief and costs in bringing the action.