The Times Herald reports the state of Michigan has filed suit against Noll Dairy Farm Inc. saying they’re liable for a fish kill in the Black River in August 2009.

The state filed suit after a year’s worth of negotiations failed. The lawsuit filed by the Michigan Department of Natural Resources and Environment. A spokeswoman for the department would not disclose the amount it seeks to recover for natural resource damages.

Noll Dairy Farm Inc. of Croswell and Nevin and Heather Wenger of Marlette -- doing business as Back Country Manure Management Co. -- have been named as liable parties in the lawsuit.

State officials say excessive manure applied to the fields of the dairy entered a creek which flows into the Black River. The runoff killed over 20,000 fish in a 12-mile stretch of the river.

The state is also seeking costs of rehabilitating the Black River and affected tributaries along with mitigation for the value of the loss of public resources and recreational opportunities.

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