Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Scott E. Mollen Scott E. Mollen

Environmental—Plaintiffs Plausibly Alleged Landfill’s Emissions Were More Than Mere Annoyance and May Contain Dangerous Chemical Compounds—NYC Agreement To Ship Municipal Waste—Private Nuisance and Trespass Claims Dismissed—Claims of Violation of Air Permit Under Clean Air Act, Violation of Resource Conservation and Recovery Act and Common Law Obligations Arising From Operation of Landfill Were Sufficiently Stated —Trespass—Negligence—Gross Negligence—Abstention Doctrines—Government Functions Immunity

Plaintiffs commenced an action against a waste management company (WM) and New York City (NYC), alleging violations of the Resource Conservation and Recovery Act (RCRA), the Clean Air Act (CAA) and common law obligations arising from WM’s operation of a landfill and NYC’s agreement with WM (NYC Contract) to ship “hundreds of thousands of tons of municipal waste” (MSW) to the landfill each year for 30 years. WM and NYC had moved to dismiss an amended complaint. WM’s motion to dismiss was granted as to claims for private nuisance and trespass, but was otherwise denied and NYC’s motion to dismiss was denied.

Plaintiffs alleged that the landfill’s operations “prevented the quiet use and enjoyment of their property by emitting noxious odors and excess fugitive emissions, creating an environment conducive for the spread of vector species, and causing noise and tremors.” The plaintiffs cited “increased populations of rats, mice, and flies within…nearby properties.” Plaintiffs asserted that several landowners were considering selling their homes, some had done so and others “sought mental health counseling.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Law Firms Mentioned


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.