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Remedies Keyed to Tabb, 8th
Miller v. Cudahy Co.
Citation:
858 F.2d 1449 (1988)Facts
The plaintiffs owned or leased agricultural land in Rice County, Kansas, located above the Cow Creek Valley Aquifer, an underground freshwater stratum flowing southeasterly at depths between ten and seventy feet. American Salt Company, operating since 1908 as a division of defendant Cudahy Company (wholly-owned by General Host Corporation), conducted salt mining operations near Lyons, Kansas. Salt concentrations exceeding 30,000 parts per million were detected in the aquifer, far exceeding the 250 parts per million threshold for safe domestic or irrigation use. The salt escaped from American Salt’s property through subsurface leaks and surface spills that percolated downward. Due to insufficient rainfall, Rice County farmers required irrigation to grow profitable corn crops. The salt pollution rendered the aquifer water unusable for irrigation, forcing plaintiffs to grow only dryland crops like wheat and milo, which generated significantly less revenue than corn. The pollution continued throughout the litigation period, affecting lands after water passed under American Salt’s brine fields and plant.
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