Last week the Third Circuit Court of Appeals issued a precedential opinion reversing the Eastern District of Pennsylvania’s decision granting a Motion to Dismiss a complaint filed by homeowners concerning alleged odors and air contaminants emanating from the Bethlehem landfill, thus reviving the case. Baptiste v. Bethlehem Landfill Co., No. 19-1692, slip op. (3d. Cir. July 13, 2020). In doing so, the Court found that a class of Pennsylvania homeowners allegedly affected by landfill odors may bring suit under theories of negligence, public nuisance and private nuisance. Read More »

Share | Email| Comments|  Topics: Air, Class Actions, Damages, Landfill, Negligence, Nuisance, Odors, Pennsylvania, Pennsylvania Department of Environmental Protection, Property Damage, Property Value, Residential, Solid Waste Management Act, Third Circuit, Waste

On March 2, 2020, the Pennsylvania Commonwealth Court ruled that a municipality was allowed to proceed with challenging the validity of certain environmental state statutes under Article I, Section 27 of the Pennsylvania Constitution, also known as the Environmental Rights Amendment (ERA). Pa. Dept. of Envtl. Prot. v. Grant Twp., No. 126 M.D. 2017 (Pa. Cmwlth. Mar. 2, 2020). The question addressed, whether and if so the extent to which the validity of Pennsylvania’s environmental statutes can be challenged under the ERA, was one left open by the Pennsylvania Supreme Court in Pa. Envtl. Defense Found. v. Commonwealth, 161 A.3d 911 (Pa. 2017). Read More »

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