Group aiming to get lab samples from lagoons via subpoenas

Environmental Attorney Stephen Jeffery filed a motion in Cole County Circuit Court on Feb. 23 to hold Denali Water Solutions and landowners Keith Gideon and Jerry Evans in contempt of court for refusing to cooperate with the terms of subpoenas they were served with in January.

The subpoenas order that permission be granted for lab samples to be obtained from the contents and soil from two Denali waste storage lagoons. One of Denali’s lagoons is located on Gideon’s property in McDonald County and another is on the Evans’ property in Newton County.

Stephen Jeffery represents S.L.U.D.G.E., LLC (Stop Land Use Damaging our Ground and Environment), a citizens’ group who filed suit against the Missouri Department of Natural Resources (DNR) in November.

SLUDGE’s suit alleges that the DNR is not upholding the Missouri Solid Waste Law by allowing Denali Water Solutions to operate without a solid waste permit. The lawsuit is ongoing.

The plaintiffs hope that lab results from samples drawn from the lagoon can be used as evidence to support their case.

“It looks bad on their part, if they refuse to let us draw samples,” SLUDGE member Vallerie Steele said. “If they have nothing to hide, why are they hiding it?”

To complicate the scenario further, Denali is now emptying the two storage lagoons in question, per orders from the DNR. The evacuation of the lagoons, along with a cease-and-desist order for the company’s land-application of sludge, was ordered by the DNR after Denali violated the Clean Water Law in October.