Injunction hearing to close plant heard by Moncton judge
Dozens of people from the Richibucto, N.B., area travelled by bus and car to the Moncton Law Courts Friday morning for a hearing of the motion of the injunction against the Coastal Shell Products facility.
The Kent Clean Air Action Committee [KCAAC] has been trying for years to have the seashell drying and processing facility closed or moved due to the smell and they’ve taken the case to court in hopes that will happen.
Residents from the Richibucto area board a bus to head home after an injunction hearing in Moncton on Nov. 10, 2023. (Source: CTV News Atlantic/Derek Haggett)They’ve spoken to the media about their cause numerous times over the past six months, but Friday was the first day they’ve shared their plight in front of a judge.
Judge Christa Bourque listened to around 15 affidavits from plaintiffs who say the stench emitting from the plant is having a negative mental and physical impact on their lives.
Bourque listened all morning and early afternoon to portions of the affidavits and decided what was and what wasn’t admissible, saying some complaints could be considered fact, while others opinion.
Some of the complaints about the odour from the plaintiffs living in the area included:
- Headaches and nausea;
- Anxiety and stress;
- Closing windows, taping up doors, shutting vents;
- Not being able to enjoy their property, entertain guests or go for walks;
- Noise and light pollution from the plant during the night;
- Schools and daycares having to deal with the smell during the daytime;
- Businesses losing sales;
- Property values dropping.
The facility is only permitted to operate from 8 p.m. until 8 a.m., but residents say the smell lingers throughout the day, especially in the warmer months.
Residents stressed the smell was worse this year than in years past.
Mike Murphy, one of the lawyers representing the plaintiffs, spoke for about 30 minutes after portions of the affidavits were read in court and said residents are “being held hostage” by the company that runs the plant.
“All these people are not imagining this,” said Murphy.
Defence attorney Edwin Ehrhardt said there’s no evidence anyone’s health is being affected by the plant.
The license Coastal Shell Products has with the province expires at the end of the month, but the company plans to be up and running again in the spring.
Ehrhardt said there would be “serious consequences” for the company if the plant were forced to close because creditors wouldn’t be paid and 26 people would be out of work.
He also disputed the claim from some of the affidavits that stated the plant was also causing noise pollution.
Ehrhardt said audio engineers did testing and determined the plant produced, “decibel levels of a mild wind.”
That caused a disturbance among the packed court room and Bourque was forced to call for order.
After affidavits were heard, Bourque said she wasn’t in a position to give a decision.
She said she would take all the evidence and apply the rules of the law and have an answer for both parties in the short-term.
Outside the courthouse, KCAAC spokesperson Maisie McNaughton said she wasn’t surprised, or disappointed a decision wasn’t made.
“I expected that and I’d rather she take her time with this because it is such a big file. It’s gone on for seven years now, so to make a decision in one day seems like it would be not a good thing,” said McNaughton.
McNaughton stressed the group’s mandate is have clean air in the area.
“Unfortunately, the clean air in the area is being impacted by Coastal Shell Products. So we’ve been stuck in this repetitive cycle of broken promises for seven years now,” she said.
Counsel Vincent Savoie said the injunction was very technical and he hopes the court will see that the matter is a big issue for the people of Richibucto and their plaintiffs.
“She [Bourque] needs some time to review all the facts and we’re hopeful she’ll render a decision for the people of Richibucto,” said Savoie.
Bourque did not give a date for when she would make a decision.
For more New Brunswick news visit our dedicated provincial page.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.7029443.1725744633!/httpImage/image.png_gen/derivatives/landscape_800/image.png)
Police release video of Toronto plaza shooting that killed university student
A university student from Brampton was killed when two shooters fired indiscriminately into a crowded plaza in Toronto last month in what police say was a 'cowardly act.'
'Hopeless and helpless': Regina mother seeks help to treat rare spinal disease
Mary Grace Rico is seeking help in getting treatment for a rare spinal condition.
The iPhone is getting a 'glow' up. What to expect from Apple's Monday event
Apple excited fans with its vision for its 'Apple Intelligence' artificial intelligence system earlier this year. Now, it's time for the company to prove it really works.
No more porta-potties at B.C. construction sites starting Oct. 1
What some B.C. construction workers describe as the worst aspect of their jobs will be coming to an end next month, the province announced.
Trump campaigns in Wisconsin just days ahead of debate with Harris
With just days to go before his first — and likely only — debate against U.S. Vice-President Kamala Harris, former U.S. president Donald Trump leaned into his familiar grievances about everything from his indictments to the border as he campaigned in one of the most deeply Republican swaths of battleground Wisconsin.
'Extremely vigorous' wildfire activity in central B.C. prompts crews to back off for safety
The wildfire fight in central B.C. intensified Friday, according to officials.
They were due to leave for their dream cruise in May. Three months on they’re still stuck at the departure port
It was the years-long cruise that was supposed to set sail, but saw its departure postponed… postponed… and postponed again.
Aryna Sabalenka beats Jessica Pegula to win the U.S. Open for her third Grand Slam title
Aryna Sabalenka got past Jessica Pegula 7-5, 7-5 in a rollicking U.S. Open women’s final Saturday to win her first championship at Flushing Meadows and third Grand Slam title of her career.