Sierra Club v. Emmpak Foods, Inc.

Background: Emmpak Foods is a slaughterhouse and meat processing plant located in the Menomonee Valley of Milwaukee. It is a subsidiary of Cargill Food Solutions, one of the largest corporate conglomerates in the world.

Emmpak has been violating the Clean Water Act since 2000 by sending excessive amounts of fats, oil and grease into the Milwaukee Metropolitan Sewage District (MMSD) system. Oil and grease can clog MMSD sewer pipes and increase the likelihood of sewage overflow events. With the recent sewer overflows that MMSD has experienced, it is likely that excessive pollution from Emmpak flows right into Lake Michigan.

Emmpak’s pollution violations have already harmed MMSD’s system, forcing MMSD to remove a significant blockage from its pipeline immediately downstream of the Emmpak facility in the Fall of 2001, at a cost of almost $31,000 to the public.

Emmpak has received countless letters, sampling reports and notices of noncomplaince from MMSD. While Emmpak has been working to install some pretreatment technology at their Menomonee Valley facility, they have not provided documented assurances that the system will be sufficient to stop the company’s violations. Emmpak has also not paid any penalties to remedy its long history of violations.

On August 13 2004, Midwest Environmental Advocates, on behalf of the Sierra Club, initiated a federal lawsuit to enforce the Clean Water Act.

On October 13, 2004, Midwest Environmental Advocates filed a complaint in federal court to ensure that Emmpak installs the appropriate pretreatment technology to bring its company into compliance with the law and pay penalities that remove the economic benefit the company obtained from four and a half years of illegal pollution.

To read the complaint, click here.

To read the 60 Day Notice, click here.

Status: On February 4, 2005, MEA and the Sierra Club successfully settled the Emmpak lawsuit. In reponse to our legal action, Emmpak installed the necessary technology to reduce its pollution. As part of the settlement agreement Emmpak will also donate $30,000 to two local community groups. The Urban Ecology Center will use the funds to conduct a feasibility study for the creation of a satellite environmental center in the Menomonee Valley, where the Emmpak plant is located. The Jefferson Parent - Teacher Association will use their funds to help create rain gardens and conduct environmental education at Jefferson Elementary School in Wauwatosa and Hawley Environmental School in Milwaukee.

Recent Media Coverage:

To read a press release on the complaint, click here.

To read a press release on the notice, click here.

To read a press release on the settlement, click here.

Emmpak Reaches Pollution Settlement
Milwaukee Journal Sentinel
February 22, 2005

Environmentalists Sue Emmpak
Milwaukee Journal Sentinel
October 15, 2004

Two Envrionmental Groups Tell Meatpacker it Will Be Sued
Milwaukee Journal Sentinel
August 17, 2004

Sierra Club Plans to Sue Emmpak
The Milwaukee Business Journal
August 16, 2004