A federal appeals court revived on Monday a proposed class action lawsuit by Pennsylvania residents who say they represent 8,400 households suffering from a multimillion-dollar loss in property value because a nearby landfill releases “sickening odors” and air contaminants.
A panel of the 3rd U.S. Circuit Court of Appeals reversed a lower court ruling that had dismissed the lawsuit by the residents of Freemansburg, who claim a nearby landfill causes a public and private nuisance under state pollution laws because the pungent odor that blows their way interferes with their rights to enjoy their land and degrades its value.
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