Dive Brief:
- Two Pennsylvania women, seeking a class action lawsuit against Keystone Sanitary Landfill Inc., filed charges in the Lackawanna County Court of Common Pleas, alleging Keystone did not take proper measures to control odor emissions, as originally reported by The Times-Tribune.
- The lawsuit says at least 108 neighbors have told attorneys they have been negatively affected by the odors from the landfill, and that Keystone has acted negligently in their duty to mitigate odor. The lawsuit says Keystone created a private nuisance, was negligent and requests a trial by jury.
- A consultant for Keystone told The Times-Tribune the lawsuit amounted to "extortion," and said the landfill took necessary steps to mitigate odor and commissioned a study which showed the landfill does not negatively impact nearby property value.
Dive Insight:
The lawsuit seeks class action status so it can represent the thousands of people who live within a 2.5 mile radius of the landfill's property line over the last 3 years — a complicated process that is unlikely to capture every single person or household that could potentially have a claim.
The plaintiffs are seeking a trial by jury, a judgment in excess of $50,000, compensatory damages, punitive damages due to alleged reckless indifference, and injunctive relief. It is yet to be seen how this case will play out, though similar cases have been successful in the past.
While Keystone says it is operating legally and safely to mitigate odor and other potential damages, this is not the first time the landfill has been mired in some controversy.
The state Department of Environmental Protection (DEP) cited the landfill in 2016 over leachate violations. In May last year, the site was facing issues related to its application to expand. DEP's assessment said there were many remaining questions about leachate management, groundwater monitoring and air quality monitoring.
