The Town of Burnsville is being sued by the U.S. Fish and Wildlife Service from a sewer plant incident in 2008 that dumped untreated waste into the Cane River. The federal government is seeking relief for damage to the elktoe mussel population as a violation of the Endangered Species Act. An investigation by wildlife biologists also found many dead clams and fish along with distressed fish and claim that the town was negligent in allowing improperly treated sewage to be released from its treatment plant in violation of its discharge permit. The Town has filed a petition for relief and Mayor Danny McIntosh is hopeful the federal agency will take into consideration the improvements the town has made since the incident happened in the summer of 2008.