Cut paper mill’s toxic gas output or shut it down, $600M lawsuit demands

KALAMAZOO, MI -- A federal lawsuit filed Wednesday, June 7, blames government and company officials for gas proliferating into neighborhoods. It argues Graphic Packaging International, a source of toxic gas, should reduce its gas levels or be shut down.

The federal complaint asks for injunctive relief, mandating the closure of Graphic Packaging's 1500 N. Pitcher St. paper mill, or requiring production decreases to levels guaranteed to ensure the public's health.

It asks for damages of up to $600 million, plus $800,000 in attorney fees and asks the judge to declare the defendants actions unconstitutional.

The suit mentions "systemically racist practices," like segregation that created communities in Kalamazoo. It says a "redline-zoning custom" caused Black Kalamazoo residents to live next to polluters in neighborhoods where hazardous air has been found.

The suit names City Manager Jim Ritsema, Mayor David Anderson and other current or former city leaders, as well as GPI Kalamazoo mill manager Tom Olstad. It also names Gov. Gretchen Whitmer and State Sen. Sean McCann as defendants, as well as officials at state environmental and health agencies.

The city of Kalamazoo will not comment on pending litigation, Communications Manager Mike Smith said. Whitmer's office did not respond to a request for comment and has not responded to multiple requests from MLive about Kalamazoo air quality in the weeks before the suit was filed.

Resident Deann Winfield lives near Graphic Packaging and within view of a hydrogen sulfide sensor at a city park that often has elevated levels. She and other members of her family have suffered from severe asthma, Winfield said, including one fatal case.

"I hope they hurry up and get this over with so we can all be protected," Winfield said. "As for my case and (my son) Deandre's case, it might be too late. He's already on life support."

Deandre Jones sits at a protest on Thursday, Sep. 8, 2022, at Kalamazoo City Hall, 241 W. South St.Gracie Smith | [email protected]

Her son, 32-year-old Deandre Jones, has to use a breathing machine daily. Her daughter, Laprace Stegall, died years ago after an asthma attack, Winfield said. She and her daughter are listed among 46 plaintiffs.

In May, a state investigation revealed concentrations of hydrogen sulfide in a neighborhood next to GPI and the Kalamazoo Wastewater Reclamation Plant present a public health hazard.

State and federal officials say hydrogen sulfide levels above 1.4 parts per billion can cause health problems with long-term exposure. Near the paper mill and wastewater plant, levels averaged between 10 and 20 parts per billion for most of 2021 and 2022.

"It made me feel like they took my life from me," Winfield said about the state health finding.

"Every day I’m scared," she said. She said she wonders how much of her lifespan will be impacted by air quality.

Related: ‘Shut it down!’ shouted at factory manager in meeting about harmful pollution near homes

Graphic Packaging is reviewing the lawsuit and will not comment on pending litigation outside of court, the company said.

"As a general matter, we will defend ourselves against any false and misleading claims," Graphic Packaging said. "We are proud of our work and our record in Kalamazoo and take very seriously our responsibility as a good neighbor, community partner and employer to 750 people at our Kalamazoo mill.

"We have invested millions of dollars in facility improvements and monitoring to address environmental concerns, and we will continue to build on those enhancements alongside city leaders and state and federal regulators to promote the health and well-being of our neighbors in Kalamazoo," GPI said.

The lawsuit alleges the defendants showed intentional discrimination when they failed to remedy verified hydrogen sulfide and other pollution hazards.

"For far too long, environmental racism had been ignored in Kalamazoo and the state and federal government as a whole," plaintiff and former Kalamazoo resident Brandi Crawford said Wednesday. "I believe our lawsuit will bring long overdue justice to all of us harmed by Graphic Packaging and the city wastewater treatment plant's uncontrolled pollution.

"I look forward to see all politicians and governmental officials be held accountable for allowing us to be poisoned," she said.

Crawford has been an outspoken advocate for solving the air quality issue impacting residents for several years and hired the attorney who filed this lawsuit. She said others can join the class action lawsuit.

The money demanded is roughly the same price tag of the 2022 expansion of the Kalamazoo paper mill.

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