Source: Trenton Times, November 8, 2014
Posted on: http://envfpn.advisen.com
The Tullytown landfill, whose noxious odors have long been a source of complaints for Florence residents, may soon find itself at the center of litigation.
The Trenton-based law firm of Kamensky Cohen & Riechelson sent out thousands of letters to residents the last week in October, asking them to become part of a class-action lawsuit against Tullytown.
“You try to get the largest class possible because it’s pretty much impossible for anyone to do it on an individual basis,” said Kevin Riechelson, a partner at the firm. “The more people you have, the easier it is to present a class action.”
Florence residents, who live in the path of prevailing winds, have continually called company and government hotlines to complain about the odors, which have at times made them sick, forced them to stay indoors or even leave their houses entirely until the smell dissipates.
Their efforts paid off in October when the Pennsylvania Department of Environmental Protection opened an investigation and issued a notice of violation to Waste Management, the owner of the landfill, for odors detected in multiple locations in Florence.
Bob Fitzpatrick, who helped form a group called Citizens Against the Smell of Tullytown, said he would join the suit and encouraged others to do the same.
“I think everybody has to make his or her own decision on that, but after 20 years of being abused, I don’t think there’s any question that Waste Management owes somebody something,” he said. “It was quite obvious they were negligent.”
He said he is happy that a violation was issued, but questions why it took so long to happen.
“Why did it take a citizens group like ourselves to form and actually get this done,” Fitzpatrick said. “It baffles me that they allowed this to happen for so long, that they let people breathe this kind of air and be subjected to this environment for so long.”
Residents have had some relief during the last month, but the smell was noticeable again on Thursday as winds coupled with wet weather carried the odors across the Delaware River, he said.
Riechelson said the goal of the lawsuit would be two-fold: to compensate residents for interfering with their right to use and enjoy their property and to stop the odors from continuing to be a problem.
“It’s not enough to just bring a class-action lawsuit and look for money damages if the day after a case would settle, you’re going to have the same odors and the same problems,” he said. “You want them to abide by the laws, to clean it up or whatever they have to do to keep the odor from carrying across the river.”
Riechelson said one of the biggest problems he has heard about the odors is that they diminish a property’s value, making it difficult or impossible for a homeowner to sell their house.
“Anyone who comes by to see the property is going to notice the odor and be turned off by it right away,” he said.
The firm has teamed up with Liddle & Dubin, a Detroit law firm that specializes in environmental class-action suits.