Liddle & Dubin, P.C., an environmental class action law firm, has filed a class action lawsuit against Detroit Renewable Power, LLC and Michigan Waste Energy, Inc., on behalf of residents living in proximity to the Detroit waste incinerator. The incinerator receives trash and burns it to generate electricity for sale.
The complaint, filed in the Circuit Court for the County of Wayne, alleges that residents living near the incinerator have been forced to endure offensive waste incinerator odors emitted into their neighborhoods.
Often, the Plaintiffs have been unable to enjoy the outsides of their homes or open their windows, and the odors can even be experienced with windows and doors closed. The foul odors generated by the incinerator, say the Plaintiffs, have deprived them of the full use and enjoyment of their properties.
The three Plaintiffs in the case brought by Liddle & Dubin P.C. seek to represent their neighbors in obtaining redress for the odors they have endured. The Plaintiffs will ask the Court to certify the case as a class action, including all residents who have similarly suffered from the odors.
Joseph Watkins is one of the Plaintiffs in the case, seeking to represent his neighbors against the owners of the incinerator. “It affects everything” says Watkins. “It’s so horrible it makes you want to move, but that house is all I’ve got. I don’t want to keep smelling that for the rest of my life.”
In recent years, the waste incinerator odors appear to have worsened.
According to documents obtained from the Michigan Department of Environmental Quality Air Quality Division, “Air Quality records show that odor complaints have been recurring throughout the years, however, the number of complaints increased dramatically in the last three years. Independently, AQD inspectors have verified that the odor problems have gotten worse in that time.”
“The law protects against this sort of thing” says attorney Nicholas A. Coulson. “Even if a business is otherwise operating lawfully, it cannot substantially and unreasonably interfere with people’s ability to use and enjoy their homes.”
The lawsuit seeks damages in excess of $25,000. The firm is urging residents affected by the waste incinerator odors to contact their office to document their damages.
Liddle & Dubin, P.C. has represented thousands of individuals complaining of damages arising from the environmental contamination, sewage invasions, governmental liability and complex consumer class actions.