by Nick El HajjMon, February 24th 2025 at 10:10 PM

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A nonprofit environmental group has filed a federal lawsuit against Agri Star Meat & Poultry, alleging the Iowa meatpacking plant has repeatedly violated the Clean Water Act by discharging pollutants into Hecker Creek and the Yellow River. (Nick El Hajj/Iowa’s News Now)

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POSTVILLE, Iowa — A nonprofit environmental group has filed a federal lawsuit against Agri Star Meat & Poultry, alleging the Iowa meatpacking plant has repeatedly violated the Clean Water Act by discharging pollutants into Hecker Creek and the Yellow River.

Driftless Water Defenders, represented by Public Justice, FarmSTAND, and Larew Law Office, filed the lawsuit Monday in the U.S. District Court for the Northern District of Iowa. The legal action follows a 60-day notice period during which the group warned of its intent to sue, citing years of self-reported permit violations and a lack of enforcement from state regulators.

According to the complaint, Agri Star’s Postville facility has “discharged and continues to discharge pollutants” beyond legal limits, including ammonia nitrogen, total suspended solids, chloride, oil and grease, and biochemical oxygen demand. The lawsuit seeks declaratory and injunctive relief, financial penalties of up to $68,445 per day per violation, and court-ordered compliance measures.

“Agri Star has repeatedly violated the terms of its Clean Water Act permit over the course of many years,” said Daniel C. Snyder, director of the Environmental Enforcement Project at Public Justice, according to a Monday press release announcing the lawsuit. “The state has failed to secure Agri Star’s compliance with binding federal law. As a result, Driftless Water Defenders is doing exactly what Congress intended: acting as a private attorneys general to enforce the Clean Water Act when government regulators fail to do so.”

The lawsuit claims Agri Star has continued polluting Hecker Creek, a tributary of the Yellow River, despite holding a National Pollutant Discharge Elimination System permit issued by the Environmental Protection Agency, which contracts the Iowa Department of Natural Resources to carry out enforcement. The complaint alleges Iowa DNR has failed to carry out appropriate enforcement and that the meatpacking company has not only exceeded permitted pollutant levels, but also failed to conduct required water quality sampling and report results for additional contaminants.

Driftless Water Defenders President Chris Jones said in the press release that Iowa’s waterways are a public resource and must be protected. “The Yellow River has traditionally been one of Iowa’s recreational crown jewels—clean water where citizens can fish, hike, canoe and kayak,” he said. “If governmental agencies won’t enforce our clean water laws, citizens must step in to do that.”

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Agri Star has a history of regulatory scrutiny. Last March, the company discharged 250,000 gallons of untreated beef processing waste into Postville’s wastewater system, causing a two-day shutdown of the city’s water treatment facility. According to the complaint, this followed at least five prior enforcement actions against the company by the U.S. Environmental Protection Agency.

Driftless Water Defenders’ notice of intent to sue, sent Dec. 23, cited violations including Agri Star’s September 2024 discharge of 1,149 pounds of ammonia nitrogen per day—more than ten times its permitted limit of 97 pounds. The same month, the plant allegedly released 19,165 pounds of total suspended solids per day, exceeding the legal limit of 293 pounds by a factor of 65.

Attorney James C. Larew, representing the plaintiffs, said the group had hoped Agri Star would take meaningful compliance measures after receiving the 60-day notice but received no such indication. “In filing a citizen suit, we intend to protect these vital resources as authorized and intended by the law,” Larew said in the press release.

Iowa DNR has previously told Iowa’s News Now that it is considering enforcement action against Agri Star for chloride violations and has issued a notice of violation. DNR officials have said Agri Star has struggled to meet new chloride limits that took effect in August 2024 and could face further penalties if it does not come into compliance.

The complaint calls for immediate compliance with permit limits, new pollution control technology, and additional staffing and training to ensure proper environmental management.

“People have the right to enjoy their local waterways, in the Driftless Region and everywhere,” said FarmSTAND attorney Holly Bainbridge in the press release. “After 60 days of notice, it’s time to enforce the Clean Water Act through the courts and make Agri Star stop polluting the Yellow River and Hecker Creek.”

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Published Mon, Feb 24 20252:35 PM ESTUpdated Mon, Feb 24 20253:42 PM EST

Alex Harring@alex_harring

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Key Points

• Denny’s said Monday that it will put a surcharge in place for meals with eggs as the restaurant chain deals with the ongoing bird flu.
• The company declined to say which locations or markets would see the surcharges.

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A sign is posted in front of a Denny’s restaurant in Emeryville, California, on Feb. 13, 2023.

Justin Sullivan | Getty Images

Denny’s will temporarily add surcharges to meals that contain eggs as Americans contend with a shortage of the staple food item, the restaurant chain said Monday.

The South Carolina-based company said the size of the surcharge will vary across its approximately 1,500 locations. It marks the latest shift for consumers and businesses alike as they grapple with the bird flu’s effects on egg availability and costs.

“Due to the nationwide egg shortage and increased cost of eggs, some of our restaurant locations will need to temporarily add a surcharge to every meal that incudes eggs,” the company said in a statement. “This pricing decision is market-by-market, and restaurant-by-restaurant due to the regional impacts of the egg shortage.”

Denny’s said it would not share which specific regions or locations would see surcharges due to the situation being “fluid.”

The bird flu has resulted in the death of millions of hens, which has led to a shortage of eggs on grocery store shelves and for restaurants across the country. With supply depleted, wholesale egg prices have reached new records.

In its weekly crop report, the U.S. Department of Agriculture on Friday characterized wholesale egg prices as “firm to higher with a higher undertone” and supply as “very light to light with little chance of improvement in the near-term” due to bird flu.

Prices for white eggs rose to $8.07 per dozen last week, an increase of 33 cents or 4.7%. Inventories fell 2% overall and were off 3.5% for cage-free products and 12.5% for nutritionally enhanced eggs.

Denny’s is not the only restaurant to lay price hikes on consumers as a result. Waffle House opted to institute a surcharge of 50 cents per egg earlier this month.

Grocery store chains ranging from Trader Joe’s to Walmart, meanwhile, have placed limits on the number of eggs that can be purchased by shoppers.

Bloomberg News was first to report the Denny’s surcharge.

— CNBC’s Jeff Cox contributed to this report.