Everett composting company wins first of four odor lawsuits

MARYSVILLE — Cedar Grove Composting has won a significant victory in a long-running civil lawsuit over what Marysville residents insist are intolerable odors coming from the company’s Smith Island plant.

The case in Snohomish County Superior Court was one of four lawsuits brought in 2013 by more than 350 plaintiffs in Snohomish and King counties. Cedar Grove also operates a larger composting operation in Maple Valley.

On April 7, a Snohomish County jury ruled 11-1 against James Moffat, of Marysville, one of the plaintiffs.

Attorneys agreed to try Moffat’s case as a bellwether, meaning his case would be decided first to get a general sense as to how the other individual plaintiffs’ cases could play out. The verdict doesn’t directly affect the outcome of those other cases if they go to trial.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“I think that’s pretty much it for me,” Moffat said. “As it sits right now, James Moffat doesn’t have any other recourse, but my wife still does, and others do.”

Moffat said winning monetary damages in court would have been less meaningful than getting the company to reduce the effect of its operations on surrounding neighborhoods. Moffat said he turned down a settlement offer from Cedar Grove.

“I view the fact that we’re requiring them go through what they’re going through as a victory, in kind,” he said.

The plaintiffs’ attorneys, the Simon Law Firm of St. Louis, Missouri, did not return calls or emails for comment.

The question the jury was asked was whether Cedar Grove acted unlawfully or failed to perform a duty that unreasonably interfered with others’ use and enjoyment of their property, or caused them annoyance, inconvenience and personal discomfort.

After a two-week trial, the jury said no.

The plaintiffs had argued the company’s operations constituted a public and private nuisance under state law. Cedar Grove denied that charge and said the plaintiffs could not prove that its operations were the source of obnoxious odors.

The company also argued that the plaintiffs may have been influenced by what it said was a negative public relations campaign by the city of Marysville, the Tulalip Tribes and their consulting firm, Strategies 360.

In 2013, the city was fined $143,000 for failing to disclose emails it sent to Strategies 360 related to their public relations work focused on the Cedar Grove dispute.

“Cedar Grove is relieved with this outcome and pleased with this vote of support for the services it provides to this community,” the company said in a statement. “Cedar Grove remains committed to being a good neighbor and will continue its efforts to mitigate against any odors leaving its Smith Island property.”

Ashley Bach, a spokesman for the company, said that Cedar Grove settled with bellwether plaintiffs in three other lawsuits.

Cedar Grove has had a rocky relationship with its neighbors since it set up shop on Everett’s Smith Island in 2004.

Neighbors frequently complain about the smell of composting operations. The company processed about 110,000 cubic yards of compost on Smith Island in 2016.

It is, however, difficult to determine precisely the sources of some smells, especially in an area that also includes one of Pacific Topsoils’ operations, two municipal wastewater treatment plants, and the Snohomish River estuary.

In past years, the company has been cited by the Puget Sound Clean Air Agency for violations. Cedar Grove has paid fines.

The company also has invested millions of dollars in odor-control technology, including a synthetic cover to contain portions of the operation linked to some of the smells. In 2010, it installed an electronic odor-monitoring technology, dubbed “e-noses,” to track odors from its composting operations.

That hasn’t stopped the complaints, however. Since April 1, 2016, the clean air agency has fielded 59 complaints. The agency said that many of the complaints were followed up on, but none resulted in an onsite investigation, and as a result no further actions were taken against Cedar Grove.

Chris Winters: 425-374-4165; cwinters@heraldnet.com. Twitter: @Chris_At_Herald.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

The age of bridge 503 that spans Swamp Creek can be seen in its timber supports and metal pipes on Wednesday, May 15, 2024, in Lynnwood, Washington. The bridge is set to be replaced by the county in 2025. (Ryan Berry / The Herald)
Snohomish County report: 10 bridges set for repairs, replacement

An annual report the county released May 22 details the condition of local bridges and future maintenance they may require.

The Edmonds City Council gathers to discuss annexing into South County Fire on Tuesday, Dec. 3, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Community group presents vision for Edmonds’ fiscal future

Members from Keep Edmonds Vibrant suggested the council focus on revenue generation and a levy lid lift to address its budget crisis.

Marysville is planning a new indoor sports facility, 350 apartments and a sizable hotel east of Ebey Waterfront Park. (Olivia Vanni / The Herald)
New report shifts outlook of $25M Marysville sports complex

A report found a conceptual 100,000-square-foot sports complex may require public investment to pencil out.

x
Edmonds seeks applicants for planning board alternate

The member would attend and participate in meetings and vote when another member is absent. Applications close June 25.

People walk during low tide at Picnic Point Park on Sunday, March 3, 2024 in Edmonds, Washington. (Annie Barker / The Herald)
Beach cleanup planned for Picnic Point in Edmonds

Snohomish Marine Resources Committee and Washington State University Beach Watchers host volunteer event at Picnic Point.

Logo for news use featuring the municipality of Stanwood in Snohomish County, Washington. 220118
Stanwood man accused of crashing into 2 vehicles, injuring federal agents

Victor Vivanco-Reyes appeared in federal court Monday on two counts of assaulting a federal agent with a deadly weapon.

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.