A conservation group is suing NEW Cooperative over a 2024 fertilizer spill that occurred in the southwest Iowa community of Red Oak.
Nishnabotna Water Defenders, a group of citizens focused on improving water quality, recently filed a civil lawsuit in a state district court.
As previously reported on Brownfield, in early March 2024, the Iowa DNR reported that 1500 tons of liquid nitrogen fertilizer, or 265,000 gallons, discharged into a drainage ditch from an aboveground storage tank at NEW Cooperative in Red Oak. The DNR says the release occurred after a valve was left open for hours. As a result of the spill, the DNR said more than 750,000 fish were killed in the East Nishnabotna River – covering a 50-mile stretch of the river from Iowa into northern Missouri.
The cooperative reached a settlement with the Iowa Attorney General’s Office in July of 2025, which totaled $100,000 in penalties.
In the lawsuit, Nishnabotna Water Defenders claims the cooperative “has failed and refused to follow accepted industry standards of care, including, but not necessarily limited to: complying with state regulations regarding construction standards for liquid fertilizer storage facilities; providing adequate staffing; appropriate maintenance, housekeeping, and safety measures; installing appropriate pollution controls; and utilizing the best practicable control technology currently available to eliminate or drastically reduce the risk of adverse effects caused by its operations on neighboring and downstream communities.”
Members of the conservation group stated in the lawsuit they “are concerned that such contact with the river now puts them unreasonably at risk for serious health effects.” The group is seeking damages “for the loss of the use and enjoyment of their properties and of affected state lands and waters held in trust by the State of Iowa.”
NEW Cooperative sent the following statement to Brownfield on Tuesday afternoon: “We are aware of the lawsuit thanks to recent social media posts and media reports. However, we have not officially been served, so we cannot comment on a lawsuit we have not yet had time to review. NEW Cooperative took this incident seriously and understood the gravity of the situation when it happened back in 2024. We took responsibility for what occurred and have fully cooperated with regulators at the state and federal levels. This has included paying penalties, remediation and developing a plan to restore natural resources. This work is ongoing, so we will continue to cooperate with the authorities and remain fully committed to being good environmental stewards throughout Iowa.”
