By Jess Thomson
A “green” funeral home in Colorado has found itself in trouble this week after 189 decaying human bodies were found on the premises.
The corpses, which were emitting an “abhorrent smell”, had initially been thought to number 115 when the Return to Nature Funeral Home storage facility in Penrose, Colorado, was first investigated by authorities two weeks ago.
Now, as of Tuesday, 189 bodies have been removed from the site, but authorities have said that numbers could change once again as the process of identifying the bodies continues.
Return to Nature Funeral Home is a so-called “green” funeral home, which holds burial services without the use of embalming fluids to preserve the bodies. There have been no arrests or charges so far, and Newsweek has contacted Return to Nature for comment via Instagram.
The bodies left to decay are now being identified by an FBI team usually deployed for mass casualties such as plane crashes. Around 120 families are worried that their relatives could be among the remains, but it will be weeks until identification of the bodies is completed, using fingerprints, dental records, and DNA testing.
It is perfectly legal not to embalm a body in Colorado and most other states, but the cadaver must be refrigerated. Colorado law specifically states: “A funeral establishment shall embalm, refrigerate, cremate, bury, or entomb human remains within twenty-four hours after taking custody of the remains.”
“Embalming is not required in any state, except in very limited circumstances,” Tanya D. Marsh, a professor of law at Wake Forest University and a licensed funeral director, told Newsweek. “The Colorado funeral home was required to either dispose of the bodies within 24 hours or refrigerate or embalm them. Violation of this is a class 1 misdemeanor in Colorado, which carries a maximum penalty of 364 days imprisonment, not more than a $1,000 fine, or both.
“In addition to criminal liability, this funeral home also faces tort liability from the families of the deceased for ‘interference with the right of sepulcher’,” Marsh said.
Additionally, Colorado has fairly lax rules regarding funeral homes, with operators requiring no routine inspections or qualifications.
The reasons why this funeral home did not manage to refrigerate its bodies is still unclear. However, the owners of the Return to Nature Funeral Home had reportedly missed tax payments in recent months, and were being sued for unpaid bills. They had also been recently evicted from one of their properties.
“We’ll find out more facts as the case unfolds, but my guess in Colorado is that the funeral home either lost its contract with a crematory, or there was some other problem. They started to get a backlog of cases, and it just got out of hand,” Marsh said. “It is really indefensible, but unfortunately not the first time it has happened.
“For example, in the Tri-State Crematory case in 2002, a crematory in Georgia was found to have more than 300 bodies that it had failed to cremate and that were kept on the property in various states of decay. There were also a number of cases of funeral homes with an excess of remains during the worst of the COVID-19 crisis in New York City, and some of those funeral homes did not properly store those bodies,” Marsh added.
The reason for this tragedy is not because of the funeral home’s “green” practices, but instead due to the mishandling of the bodies.
“To be clear, the reason this happened is not because this was a green funeral home. I really think it is important to emphasize this. It is because it was a funeral home that did not follow the most basic rules of care for human remains,” Marsh said.
Green funerals don’t embalm the bodies to avoid transferring harsh preservative chemicals into the ground, and bury people inside more-biodegradable caskets.
“Green funeral companies seek to reduce the amount of chemicals that are put in the soil by using coffins made from untreated materials; wicker is popular in the U.K. They do not embalm as this avoids the embalming chemicals such as formaldehyde and so on. As a result, decomposition occurs more naturally and is quicker and more complete,” Stephen Hughes, a senior lecturer in medicine at the Anglia Ruskin University School of Medicine in the U.K., told Newsweek.
Usually, in place of embalming, a body must be refrigerated to prevent decay. However, it appears that the bodies at Return to Nature Funeral Home were improperly stored. Without being kept cool, a body rapidly starts to break down.
“The decomposition process begins immediately after death,” Mark T. Evely, director of the Mortuary Science Program at Wayne State University, Michigan, told Newsweek. “The rate of decomposition depends on environmental conditions such as temperature, humidity, the setting in which the remains are located, and the physical conditions of the deceased prior to death.”
Other experts worry that this may mar the reputation of mortuary services and green funerals alike, sparking distrust of the practice.
“A great amount of trust is placed in funeral homes by families to care for their loved ones. When that trust is violated, it casts suspicion on the entire funeral profession,” Evely said. “I don’t know the reasons why there would be remains found in the way they were at the funeral home in Colorado. What I can say is that someone failed the families of these loved ones and failed to comply with the legal requirements of the state and the ethical duties demanded by the funeral service profession.”
This case raises the need for contingency plans for funerary providers in the event they are no longer financially viable, or that something goes wrong, Kate Woodthorpe, director of the U.K. Centre for Death and Society, told Newsweek.
“We have the same issue in the U.K. with regard to protecting the buried dead: When cemeteries are no longer income generating or financially viable, what happens? As an island running out of space, this is a critical question that no one has really answered in terms of who is responsible for their maintenance and long-term upkeep,” Woodthorpe said. “It also raises questions about the need for oversight and regulation of ‘green’ above-ground disposal methods. Unlike cremation (over quickly) or burial (contained underground), this third method needs greater surveillance, given the consequences in the event of a company going bust, or a generator failing and so on.”
As the remains continue to be identified, the bereaved families will have to wait for the dreaded news that one of their relatives’ bodies was included in the tragedy.
“In this situation, they may feel guilty that they have made such a disastrous choice of funeral home,” Dr. John Wilson, director of bereavement services counseling at York St John University, northern England, told Newsweek. “Guilt is a complicator of grief, and these relatives may need professional counseling to overcome this. On top of that, they may be traumatized by press reports, and by imagining the scene at the care home, adding to the sense of having let down their lost loved one.
“Anger is a natural feature of grief, so there will be many relatives who are angry to the point of it being potentially unhealthy,” Wilson added. “Given that the number of close mourners for every death averages between five and 10 people, that is going to be a lot of people who could need counseling.”
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