Posted on Monday, July 13th, 2026 at 10:02 pm
For months, business owners and residents in the River Valley area dealt with a problem they could not ignore: strong, unpleasant smells drifting through Fort Smith and nearby Crawford County. Behind that problem is a real business owner who decided to take a stand, and a law firm that stood beside him.
What Started the Lawsuit
In October 2024, Bruce Spinas, owner of River City Bistro in Fort Smith, filed a civil lawsuit against Denali Water Solutions, a Russellville-based company. The complaint said Denali’s storage lagoons for organic residuals in Crawford County caused strong, lingering odors that got much worse by August 2024, creating what the complaint called an “intolerable environment” for the community.
The lagoon sits between Highway 59 and Hollis Lake in Van Buren. In December 2024, the lawsuit added a second defendant, SSS of Crawford County, LLC, the landowner. Both Denali and SSS denied responsibility for the smell. The case was handled by attorneys Joey McCutchen, Stephen Napurano, and Chip Sexton.
How the Odors Affected Local Businesses
A bad smell might sound small, but for a business owner, it can hit hard. Customers do not want to sit outside, or even walk in the door, when the air smells bad. For a restaurant like River City Bistro, that kind of problem can mean lost customers and a damaged reputation. It also touches property values and foot traffic for the whole area. That is why Bruce Spinas decided to take action instead of just living with it.
McCutchen Napurano - The Law Firm‘s Role in the Fight
Joey McCutchen and Stephen Napurano took on this case because they believe Fort Smith residents and business owners deserve a place that smells like home. Rather than treating this as only a courtroom fight, McCutchen Napurano - The Law Firm pushed for real change on the ground.
In a news release, McCutchen shared that his office had been in ongoing discussions with Denali, and laid out conditions that could lead to resolving the lawsuit. The first was met: Denali stopped delivering materials to the NEBO lagoon as of January 1, 2026, and is now working toward formally closing its permit there. Denali is working with the Arkansas Division of Environmental Quality on a public closure plan, expected as early as July or August 2026, with full removal of the remaining material targeted for early spring 2027.
In the meantime, Denali has agreed to maintain its odor-reducing grease cap, avoid large-scale stirring of the material during hot months, and open no new lagoons within a 10-mile radius of the closing site.
“The goal has always been to protect the quality of life for residents and business owners of the surrounding area by these odors,” McCutchen said.
What “Dismissed Without Prejudice” Actually Means
On June 17, Circuit Judge Candice Settle dismissed the lawsuit without prejudice. That simply means the case is closed for now, but not forever. The people who filed it keep the right to bring it again later. This differs from a dismissal with prejudice, which would block the case permanently.
Here, the dismissal came after real progress had already happened outside the courtroom. Denali stopped adding new material to the lagoon, agreed to a closure timeline, and committed to steps to reduce odors during the process. The lawsuit helped push things toward a resolution, even without a trial.
Denali released its own statement, saying the company was “pleased to learn the Plaintiffs elected to withdraw their lawsuit” and that it remains committed to serving Arkansas food producers and farming partners.
What This Means Going Forward
This story shows what community advocacy can look like. A business owner spoke up about a problem affecting his livelihood and his neighbors, and a law firm stepped in to help move things toward real, measurable change. McCutchen Napurano - The Law Firm continues to watch how the closure process unfolds and will keep the Fort Smith community informed as Denali works through its plan with state regulators.
Talk to McCutchen Napurano - The Law Firm About Your Concerns
If noxious odors, environmental issues, or a company’s actions have affected your business or your family’s quality of life, you do not have to handle it alone. Fill out our online contact form or call (479) 783-0036 to schedule a free consultation with McCutchen Napurano - The Law Firm. We work on a no-win-no-fee basis, so you pay nothing unless we win for you.
