Current State: Settlement 

A judge in the Superior Court for the state of Rhode Island has preliminarily approved a class action settlement in the matter of Sullivan et al v. Rhode Island Bioenergy Facility, LLC, (C.A. No. PC-2024-04461) 

The Settlement, agreed upon by the parties and preliminarily approved by the Court, calls for $150,000 in Improvement Measures on systems designed to reduce odor emissions from the Facility, in addition to $850,000 Settlement Fund account for members of the Certified Class, which is defined as follows: 

All persons who have owned, rented or leased any residential property located in whole or in part within one and three quarter (.75) miles from the Rhode Island Bioenergy Facility located at 289 Scituate Ave in Johnston, Rhode Island, at any time since January 1, 2016. 

 The lawsuit alleged claims of private nuisance, public nuisance, and negligence. Personal injury claims are not released under the Settlement Agreement. 

There are several Court-ordered deadlines that must be followed by members of the class:  

Claim form deadline: Tue, Nov 3, 2026

Opt Out/Objection Deadline: Mon, Oct 19, 2026

Final Fairness hearing: Wed, Nov 4, 2026 @10:30am

Below is a map of the settlement class area: