The class-action lawsuit, originally filed on Dec. 10, 2020 in Greene County Common Pleas Court, alleged that the smell coming from the biodigester facility at Dovetail Energy had “deprived residents of the full use of their property and quality of life.”
A lump sum of $10,000 will be paid to each named member of the class-action settlement, and an equal share of the money paid to unnamed parties of the lawsuit who resided in the settlement area of Fairborn and Bath Twp. at the time.
The Ohio Attorney General and the Ohio EPA sued Renergy twice over violations of the state’s air and water pollution laws in the past few years. The first suit resulted in a settlement agreement, and Renergy was required to obtain a permit to install and operate the digestate lagoon. The second suit resulted in Renergy agreeing to shut down the biodigester, according to the Ohio AG’s office.
The biodigester ceased operations in February.
The Dovetail biodigester, previously operated by Ohio-based bioenergy company Renergy, used an anaerobic process to break down food waste and manure into fertilizer and methane gas for electricity in Greene County. The facility was a source of controversy for years, as neighbors complained of odors, and Bath Twp. officials pursued zoning controls.
Retired Judge Dennis Langer presided over the case.
Lawyers for both parties did not return requests for comment.
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