COLUMBIA, S.C. (From news reports) -- New Indy attorneys went before a federal judge on Tuesday to push to have one of the many lawsuits against them dismissed.

But outside the Matthew J. Perry, Jr. Courthouse in Columbia, South Carolina, neighboring residents of the paper mill say the pervasive smell is still making them sick.

"It's like when that smell comes, I have to go in the house, my eyes itch, my ears, my head, you can tell that it's toxic," Bonnie Lins, who recently moved near the paper mill, said.

Tuesday, New Indy pushed to dismiss a lawsuit filed by several York County and Lancaster County residents. The lawsuit alleges the paper mill failed to apply for a 'prevention of significant deterioration' or PSD permit, and instead turned off its steam stripper, which helps control air pollution.

"The citizens were not afforded an opportunity to participate in the permit process that led to the conversion of the plant, so they never had a voice, even till today, which is why we filed the complaint," Phil Federico, attorney for the plaintiff, said.

It also alleges New Indy put millions of gallons of toxins a day into its open wastewater treatment plant.

"We are victims in a science [experiment]," Jackie Baker, who lives in Tree Tops, said.

During the hearing, the defendants' attorneys stated the company was trying to address residents' concerns, but a group who attended said it's inadequate.

"They're complying with some orders, the odor has changed, and now smells like a dirty diaper," Baker said.

"Had I known this I would have never moved here," Lins said.

While the judge made no decision Tuesday, this is the same presiding judge who had previously denied a motion to dismiss a separate class action suit against New Indy.

New Indy attorneys would not make comments after the hearing.

Federico said mediation is scheduled for September to try and resolve all the lawsuits.