3rd Circuit Reverses Dismissal Of Landfill Noxious Odors Class Suit

Mealey's (July 14, 2020, 1:30 PM EDT) -- PHILADELPHIA — A Pennsylvania couple may proceed with nuisance and negligence class claims against a landfill owner and operator over noxious odors and contaminants allegedly seeping from the facility, a Third Circuit U.S. Court of Appeals panel ruled July 13, in part rejecting a trial court’s holding that the proposed class was too expansive to permit a private claim for public nuisance or that the class members lived too far away to create a private nuisance (Robin Baptiste, et al. v. Bethlehem Landfill Company, No. 19-1692, 3rd Cir., 2020 U.S. App. LEXIS 21559)....