Catawba Riverkeeper files to join the clean water citizen suit against New-Indy mill in Catawba, SC.

Brandon Jones • April 12, 2023

Represented by the Southern Environmental Law Center (SELC), Catawba Riverkeeper has filed a Motion to Intervene in the latest case against the New-Indy papermill.

Represented by the Southern Environmental Law Center (SELC), Catawba Riverkeeper has filed a Motion to Intervene in the latest case against the New-Indy papermill. We are seeking the court's approval to join the citizen suit which was filed on February 13th, 2023. The suit alleges that New- Indy’s waste disposal and storage practices violate federal pollution statutes, including the Clean Water Act. As an intervenor, our organization hopes to secure the cleanup of industrial waste stored on the banks of the Catawba River.


What does it mean to intervene in a lawsuit?

Under federal law, interested parties can request to join a lawsuit after it has been filed. Catawba Riverkeeper has filed to intervene to represent our mission, the interests of our members, and the well-being of the Catawba River. The plaintiffs’ legal team has welcomed the motion.


What is the lawsuit about?

There are currently several active cases against New-Indy, which are related to the smell. While we are sympathetic to nuisance and air quality concerns, Catawba Riverkeeper is focused on the mill’s current and future impacts to the Catawba River. The case we are joining (Chin et al v. New-Indy Catawba LLC, 0:23-cv-00602 (D.S.C. 2023)) alleges violations of the Clean Water Act and Resource Conservation and Recovery Act, which governs the handling and disposal of solid waste.


Like the millions of tons of coal ash now being excavated from sites along the Catawba as a result of prior litigation, papermill waste is being stored in large unlined lagoons near the banks of the Catawba River. Our goal is to protect current and future users by requiring the removal of New-Indy’s waste from unlined storage near the river.


More information on the citizen suits can be found at newindyclassaction.com.


May 27, 2026
On the evening of May 26th, 2026, Catawba Riverkeeper Brandon Jones attended the Charlotte City Council Public Meeting. At this meeting, he shared our organization's comments on the proposed 150-day data center moratorium. These comments can be read below. "The Catawba Riverkeeper Foundation is a member-funded environmental nonprofit that educates, advocates, and protects the Catawba-Wateree River and all its tributaries. Our organization represents over 8,000 active members and nearly 3 million citizens who rely on the watershed for drinking water, recreation, and electricity. We are concerned that the growth of local data centers may overallocate our limited resources and decrease our ability to respond to drought. We appreciate the opportunity to comment on the proposed 150-day moratorium and strongly support the staff's recommendation to adopt it. Additionally, if adopted, we recommend that the study consider a tiered approach, transparency, and net water consumption. For our water resources, the most important data center metric is net water use. A 400 MW facility—like the one now under construction on Moores Chapel Road—may actually evaporate more water indirectly than directly for cooling. The nearby Catawba Nuclear Station uses approximately 30 MGD to produce 2,300 MW or 5.2 MGD from Lake Wylie per 400 MW. However, without transparency and reporting, it is difficult to know the current impact of these data centers and almost impossible to accurately forecast the industry's future. The most accurate forecast of our region's water resources is the Catawba Wateree Water Management Group’s 2026 Integrated Water Resources Plan. Unfortunately, this plan explicitly does not include increases in water use from data centers due to limited reliable information. It is absolutely critical that our community has accurate information. We need full transparency on the planned electrical and water use of large data centers. A ban of nondisclosure agreements between elected officials and developers could help alleviate suspicion and allow communities to make informed decisions about tradeoffs. The potential direct and indirect impact s of a project should be modeled by the CWWMG to determine its actual impacts. Those impacts could be mitigated by funding water conservation projects, as some data centers have already proposed. Once operating, we need reporting on the actual water and energy use. The cumulative impact must be understood to ensure capacity and resiliency. Water withdrawers from the Catawba utilize a Low Inflow Protocol during drought to help stretch the available supply. Large data centers need conservation plans that comply with this plan. It is hypocritical to ask residents and some businesses to restrict water use while permitting facilities that cannot or will not do the same. Most years, there is plenty of water for drinking, irrigation, ecological flows, and industry in the Catawba. However, droughts such as 2001, 2007, and today expose our vulnerabilities. These droughts are more likely in a warming climate, and we are becoming less resilient with a growing population and industrial demands. Sustainable water management requires careful planning and robust coordination between users, including data centers."
By Susannah Bryant March 19, 2026
Greg Nance has had his boots on the ground since the storm subsided.
February 19, 2026
Live staking is a streambank restoration approach that reduces erosion and sediment pollution. This is the practice of planting dormant branch cuttings of native plants along streambanks (also known as riparian zones) to help hold soil in place along the waters' edge. Live stakes are planted along with native plant seeds and shrubs to create riparian buffers, which help prevent sediment from becoming a stream pollutant by securing the soil in place with good root systems. Riparian buffers also filter out other pollutants, such as chemicals, oils, fertilizers, and trash, before they enter our waterways.