Residents’ Stink Over Landfill Odor Waved Away By Judge

Law360 (March 14, 2019, 3:43 PM EDT) -- Residents near a smelly eastern Pennsylvania landfill will have to hold their noses and wait for the state to take action, after a federal judge ruled Wednesday that they hadn't been harmed more than anyone else as long as the stench was the same for everyone.

While odors emanating from landfills such as the 224-acre Bethlehem landfill can be considered a “public nuisance” and subject to enforcement actions by the Pennsylvania Department of Environmental Protection under the state’s Solid Waste Management Act, U.S. District Judge Chad F. Kenney wrote Wednesday that proposed lead plaintiffs Robin and Dexter Baptiste had to show...

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