Document Type
Student Note
Abstract
The U.S. in the past two decades has experienced an increase in class actions stemming from landfill odors, with many of these lawsuits utilizing the common law doctrines of nuisance, trespass, and negligence. Landfill odors impact nearby residents, making it unenjoyable for them to be outside on their lawns, and even in their homes. West Virginia’s sole appellate court, despite the state having 17 operational landfills and disposing of nearly 1.5 million tons of trash, has seen no such suit. This Note identifies whether West Virginia decisional law is prohibitive of this type of suit; it finds no clear legal barriers precluding such suits and outlines a potential litigation strategy. This Note will also briefly address non-legal explanations for the lack of litigation. Finally, this Note will conclude by finding that there are no steadfast legal barriers that can completely preclude such suits.
Recommended Citation
Shawn H. Hogbin,
Suits Against Gas-Emitting Landfills in West Virginia: Identifying and Overcoming the Barriers,
124
W. Va. L. Rev.
349
(2021).
Available at:
https://researchrepository.wvu.edu/wvlr/vol124/iss1/12