Harm Associated with Exposure to DMS

As explained above, the smell has been associated with the gas DMS. Exposure to DMS has been associated with the following:

• Headaches
• Dizziness
• Nausea and vomiting
• Coughing
• Shortness of breath
• Severe irritation of the respiratory tract
• Ulcers in the mucous membrane (in the nose)
• Ulcers in the throat
• Coma
• Pulmonary edema (a build-up of fluid in the lungs)

If you or your family live near the landfill and have suffered any of these symptoms, you might have grounds to file a lawsuit. For more information about the legal options available to you, contact us today. Our lawyers here at the Downtown L.A. Law Group are more than ready to provide you with the guidance that you need to pursue your claim.

Waste Connection Liability

Waste Connections, the owners and operators of the Chiquita Canyon Landfill, can certainly be held responsible for any harm associated with the poor management of their landfill. These businesses that are known to release gases and other toxins into the environment must always adhere to regulations and must respond appropriately to any complaints that arise. According to reports, there have been thousands of complaints made by residents – still West Connection failed to do anything. Because the operators were aware of the issue but failed to address it, they can be found liable for any harm suffered by neighbors.

Can I sue Waste Connection for the smell coming from Chiquita Canyon Landfill? Yes, you could have grounds to sue. In fact, you could even participate in a class action lawsuit.

Chiquita Canyon Landfill Class Action Lawsuit

Considering how many residents have possibly been affected by the smell caused by the DMS at the landfill, it is likely that a class action lawsuit will arise. Class action lawsuits are common in situation in which multiple parties are harmed in a similar way. Therefore, any residents that suffered symptoms, health complications, and other damages, could have grounds to participate in a class action lawsuit. If you are interested in learning more about what you can do to participate in a class action lawsuit on this case, contact us today. Our class action landfill injury lawyers are ready to help you with your claim.

Conditions at Chiquta Canyon Landfill Worsen

Even though the landfill operators are getting pressure from the community and from different environmental agencies, the operator is not doing enough to remedy the situation. According to the South Coast AQMD, conditions at the landfill are almost volcanic, and, recently, a white vapor has been observed hissing through cracks in the reaction zone.

Operators have been unable to contain the fire and pressure buildup within the landfill. This has left vapor hissing from surface fissures, bubbling ponds at the surface, and sometimes even hot liquid bursting into the air. Reportedly, local air and water samples have identified elevated levels of benzene. Benzene is a cancer-causing chemical (often found in cigarettes) that evaporates easily; once evaporated, this chemical is reaching nearby communities. Benzene has been linked to cancer; exposure to high levels of benzene has been associated with irritation to the lungs, dizziness, and headaches.

On October 7, 2023, one of the landfills’ community monitoring stations detected benzene at 69.5 parts per billion – which is more than eight times the limit. Even though the landfill obtained these results in early November, this information was not released to the AQMD until weeks later.

At least 900 households in the communities surrounding the landfill have been affected. Los Angeles County Supervisor Kathryn Barger called the landfill owners to take immediate steps to address the odors and to relocate the affected residents until they can resolve the issue. This call to action came after a health study that determined that the toxic fumes coming from the landfill could result in short-term health effects but not in a long-term cancer risk. Of course, members of the community were not happy with these findings. Barger expressed that it has been over eight months since the incident started and that the fact that the community is suffering is undeniable. She also stated that residents should not be expected to live in such conditions.

Affected community members believe that the report downplays the problem. One resident claims that she has suffered from difficulty breathing and disorientation due to the odors; she also claims that even though her symptoms may not give her cancer, they have effectively stolen her life and the life of other residents. Another resident claims that the odors have trapped her indoors; she no longer gardens, hikes local trails, or even hosts her grandchildren. She claims that her quality of life is gone.

Now that the Los Angeles County Supervisor has pushed for a resolution in favor of affected residents, the community is hopeful that the landfill operators will finally take action to put an end to the nightmare that they have been living in.

The Environmental Protection Agency Gets Involved

As time passes, the situation simply does not get any better. Now, the Environmental Protection Agency (EPA) has gotten involved. On Thursday, February 22, 2024, the EPA stated (in a news release) that the situation at the landfill “presents imminent and substantial endangerment to nearby communities” and that the landfill operators should “take immediate steps to protect human health and environment.” The EPA issued an order that requires the landfill to “mitigate off-site community impacts caused by odors and hazardous waste leachate and to contain and reduce the smoldering or reaction event occurring at the landfill.” They also highlighted that, just a week prior, the California Department of Toxic Substances Control issued multiple violations, which included violations for the failure “to make a proper waste determination, [for the disposal] of hazardous waste at an unauthorized facility, and [for the failure] to minimize the possibility of release of hazardous waste or hazardous waste constituents,” according to the news release.

For some, this comes as a surprise as the health study (mentioned previously) reportedly found that the odors coming from the landfill were not representing a true danger to residents.

Still, residents do not believe that things will get better – even now that the EPA has gotten involved. In fact, now residents are protesting and calling for the landfill to be shut down. Of course, residents are fed up with the situation. Most of them claim that their quality of life has decreased substantially and that the only solution is for the landfill to close permanently.

The Situation at Chiquita Canyon is Considered an Imminent Danger – Is Closure Really the Solution?

Federal regulators are calling the landfill an “imminent danger.” Things continue to stagnate, so much that LA County Supervisor Barger has said that she “lost faith” in the landfill’s management. She has officially called on state officials to step in and help with the decision to close the landfill for the public health risk it poses to the community.

Residents continue to complain of the pungent odors coming from the landfill; they claim that the odors have been making them gag and even vomit. Residents have filed two lawsuits urging the landfill to stop operations immediately. As time continues to pass with no remedy, some are concerned that shutting down the landfill would not solve the problem and rather create other issues.

In addition to Supervisor Barger, another official calling for the landfill to close include Assemblymember Chris Holden. U.S. Representative Mike Garcia has called for landfill operations to pause until there is a plan in place to reduce or completely eliminate health risks.

Jane Williams, executive director of California Communities Against Toxics stated that closing the landfill will not “do anything to help with the existing problem.” The underground chemical reaction is occurring in an area of the landfill that has been closed off for decades, so closing the landfill would not necessarily stop the reaction – and the odors coming from it.

Of course, Waste Connections, the operators of the Chiquita Canyon Landfill, are against the proposed closure. In a statement, they said that “calls to close the landfill are misguided as [a closure] would have no effect on the ongoing [reaction].” They also highlighted that the Chiquita Canyon Landfill is the second largest landfill in the county, so a closure could affect “the County’s ability to safely and quickly gather, process, and dispose of thousands of tons of waste, six days a week.”

In addition to Chiquita Canyon Landfill, the largest landfills in the county include Sunshine Canyon Landfill, School Canyon Landfill, Calabasas Landfill, Lancaster Landfill, and the Antelope Valley Recycling and Disposal Facility. Sure, these landfills could take on the extra waste in the event of a closure, but garbage trucks would have to drive longer distances – which brings up environmental concerns related to fuel usage and pollution. In addition, some of these landfills are also facing community backlash. For years, the Sunshine Canyon Landfill has faced reports from the community for odors radiating from the landfill; some are worried that a potential solution for the situation at Chiquita Canyon Landfill would actually worsen the situation at Sunshine Canyon Landfill.

Has Chiquita Canyon Done Anything to Mitigate Odors in Surrounding Communities?

It has been many months since the investigation started and since the landfill operator’s violations came to light. Although the odors are still apparent throughout the community, the landfill operator has reportedly started working (with the strict oversight of regulators) to address the odors. Specifically, excavation work at the west slope of the landfill began the week of August 5; this work is anticipated to last approximately 6 weeks. Reportedly, this work is a part of the efforts to address the elevated temperature, increased leachate production, and odors in that specific area of the landfill. Currently, the west slope is covered by a scrim (a plastic cover). To complete this mitigation work, the scrim will be removed to allow excavation into the waste mass and installation of a drain and sumps; this will allow for better control of the leachate. The waste mass will then be covered in dirt and covered again with a 30-mil geosynthetic cover.

The landfill’s public notification of the work highlighted that odors are possible during this time. They also highlighted that they are working closely with their regulators to minimize impacts to surrounding community.

Unfortunately, for many members of the community, these odor mitigation efforts are coming too late. If you and your family have been affected by the noxious odors coming from the landfill, you may have the right to file a lawsuit. Do not hesitate to reach out to the experts here at our law firm to learn more about your right to file an odor claim against Chiquita Canyon Landfill. We can help you pursue a Chiquita Canyon Landfill lawsuit and obtain compensation.

About the Chiquita Community Relief Program

Throughout this program, affected members of the community (including those from Stevenson Ranch, Hasley Canyon Hasley Hills, Hillcrest Parkway, Live Oak, Val Verde) can access funding for assistance with certain expenses related to odor mitigation. This funding may be used for the expenses associated with temporary relocation, air filtration devices (including replacement filters), home hardening, and increased utility bills, for example. This funding is essentially stipends for expenses that are considered eligible. It is important to note that benefiting from this program does not release any legal claims for actual damages made against the landfill and the landfill operators. Therefore, affected community members could still have the right to file Chiquita Canyon Landfill odor lawsuits even if they have benefited from the program’s funding.

For more information about your right to file a lawsuit and recover compensation for the harm that you and your family suffered, contact us today.

What If I was an Employee in the Area?

Can I file a lawsuit if I was an employee working in the area? This is a very important question. As mentioned above, residents may certainly have the right to file a lawsuit against the landfill operators for any harm that they suffered due to the fumes coming from the landfill. Employees and workers employed in the area may also have the same right. This may include employees of any local establishments, like convenient stores, gas stations, schools, post offices, and more. If you were employed anywhere in the surrounding communities that have been determined to be affected by the fumes coming from the landfill, then you could have grounds to file a claim for any resulting harm. Even if you are not a resident of the affected communities but were constantly in these communities for work, you may have suffered harm. If you have experienced any of the symptoms discussed above because of exposure to toxic fumes during your workday, it is important that you seek legal assistance as soon as possible.

What if I am a landfill employee? If you are a landfill employee, you may actually have the right to file a workers compensation claim. If your employer is not cooperating and unfairly denies your claim, you may need the help of a workers compensation lawyer.

Can I Recover Compensation?

Yes – you could be eligible to recover compensation for the harm that you or your family suffered. Although every claim is different, claimants could possibly recover compensation for medical costs, lost pay, pain and suffering, property damage, and legal fees. How much can I be eligible to receive? How much can this case settle for? Class action lawsuits tend to be high-value cases because of the multiple claimants in the case. In general, class action lawsuits can be worth up to $50 million, although the exact value of the Chiquita Canyon landfill class action lawsuit will be based on the facts. For a more detailed review of possible case value and what you could be awarded, we urge you to reach out to our experts here at our law firm.

Mass Torts Suit handled by DTLA Law – A Summary of Current Litigation against the Chiquita Canyon Landfill

Our law firm is handling claims involving the operators of the Chiquita Canyon Landfill. We are representing hundreds of households in the affected communities with thousands of individual claimants. These claimants include residents of the surrounding communities as well as students enrolled in the local community college. Our claimants have experienced a spectrum of symptoms due to exposure to the odors and toxic fumes coming from the landfill. Symptoms include headaches, nosebleeds, difficulty breathing, nausea, vomiting, rashes, and eye irritation. Many of our clients have experienced these symptoms for many years, although recent attention to the situation may make it seem like the odors and toxic fumes are a recent problem. Although our clients and other affected individuals are happy to finally have a concrete answer regarding their symptoms after the different health-risk assessments and findings, there is a lot of frustration and anger towards the landfill due to their gross negligence.

Our law firm is handling these claims in a mass torts suit, which allows our clients to retain their individual claims and receive compensation based on their individual situation, in contrast to class action claims. Some of the damages being pursued include the costs of medical treatment for injuries/symptoms, reduction of home value (for homeowners), loss of enjoyment of property (for renters), out-of-pocket expenses, and more. Our team is confident that these claims will reach successful outcomes and claimants will reach fair recoveries. We initially filed with the State Court, although our lawsuit has since been removed to Federal; this means that remaining claims will be filed with the U.S. District Court – Central District of California.

Our team is working diligently with colleagues in other firms handling similar claims as well as with Defendants. We are hopeful that the litigation process will be streamlined, and responsible parties will be held accountable – securing justice for our clients.

Contact the Downtown L.A. Law Group Today

Our legal team is more than ready to provide you with the guidance that you need to understand your rights and take action. Our team is not afraid to take on any party or entity to ensure that our clients get justice. You can trust that our team is ready to aggressively fight for your rights and get you the maximum recovery available for your claim. To remain accessible to all, our team offers free legal services. These include free consultations and free second opinions. During these free legal services, our expert lawyers will be available to answer all questions, address all concerns, and provide you with all the guidance that you need to begin or continue your claim against the landfill owners. If you are interested in speaking with our lawyers about how you can start or continue your claim after starting it elsewhere, contact us today.

Our Zero-Fee Guarantee ensures that our clients will never have to pay upfront legal fees for our legal services. We also work on a strict contingency structure, so our clients will never be required to pay any legal costs unless their claims are successful. If you do not win, you will not be responsible for any legal fees.

Our team is ready to handle your claim and help you secure the recovery that you are owed. Contact us as soon as possible.

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