How Much Time Do I Have to File a Lawsuit for Chiquita Landfill Odors?

Unfortunately, failing to file a claim on time can result in losing the right to sue entirely. Far too many people lose their right to sue because they waited too long to get legal help and did not file their claims on time. If you are worried about losing your right to sue, contact us today. Our legal team will evaluate your claim to determine the time that you have to file your claim and help you start the legal process to ensure that your claim is filed within the filing deadline.

Wha if I already missed the filing deadline? If you missed the filing deadline, you may no longer have the right to sue. However, there are a few exceptions. For example, if you missed the filing deadline because the lawyer handling your claim was incompetent and did not file on time, you may be able to appeal for an extension. For more information about your options after missing the filing deadline, contact us today. We may still be able to help.

The owners/operators of the Chiquita Canyon Landfill were ordered to take action to address the odor issues after thousands of complaints from community members and dozens of violation notices. The abatement order, issued in early September 2023 by the South Coast Air Quality Management District (AQMD), called for Waste Connections to maximize use of gas flares, submit monthly reports, increase monitoring efforts, and bring in an expert committee to investigate and address the situation.

Both the operators and the AQMD confirmed that the smell coming from the landfill is caused by dimethyl sulfide (DMS). The smell is so putrid that residents complain about nose bleeds, asthma attacks, having to keep their windows closed at all times, and having to limit all outdoor activities. DMS is associated with a smell similar to onion or worse. Exposure to DMS has been associated with some of the following symptoms: headaches, dizziness, nausea, vomiting, coughing, severe irritation of the respiratory tract, shortness of breath, ulcers in the nose, ulcers in the throat, pulmonary edema, and coma. This is caused by a smoldering underground fire. In addition to DMS, local air and water samples have identified elevated levels of benzene (a carcinogen), which is associated with dizziness, headaches, and irritation to the lungs.

After months of inaction, the Environmental Protection Agency (EPA) got involved. On February 22, 2024, the EPA stated that the landfill presents an “imminent and substantial endangerment to nearby communities” and called for the operator to “take immediate steps to protect human health and environment.” In their news release, the EPA also highlighted that the landfill has continued to receive violations.

The situation has not been remedied. Federal regulators are now calling the landfill an “imminent danger.” County officials have “lost faith” in the landfill’s management and have called on state officials to step in and help in the decision of closing the landfill based on the public health risk it represents to surrounding communities.

To this day, residents continue to complain of the odors coming from the landfill. They have reported many different symptoms, including gagging and vomiting caused by the odors. In addition to physical symptoms, residents claim that their quality of life has decreased because of the odors coming from the landfill.

Can I sue the owners/operators of the landfill for the harm that I suffered because of exposure to toxic chemicals and odors coming from the landfill? Yes, you could sue. You could sue Waste Connections for the harm that you suffered. Landfill owners/operators can be liable for harm caused by poor management at their landfills. These are businesses that are known to release gases, toxins, and odors into the environment; these businesses must always adhere to all regulations and must investigate and address community complaints that arise. Reports show that residents have made thousands of complaints; still, Waste Connections has not done anything. Of course, Waste Connections is aware of the situation but simply has not done anything to resolve things, so the company could be liable and sued for any harm suffered by members of the community.

It is also important to note that the community can come together to file class action lawsuits against the landfill operators. Whether you are interested in filing a single action lawsuit or in participating in a class action lawsuit, our legal team can help you.

Are you ready to fight for your rights? If so, contact the landfill odor lawsuit lawyers here at the Downtown L.A. Law Group as soon as possible. Our lawyers have decades of experience and are ready to provide you with the guidance that you need to begin or continue your claim. Whether you are ready to file your claim or you are simply looking for more information on the legal options available to you, our team can help you. Here at our firm, we offer free legal services – these include free consultations and free second opinions. Whether you want to start your claim or redirect it after starting it with another firm, our experts can help you. Our free legal services are available as part of our Zero-Fee Guarantee, which ensures that our clients will never have to worry about paying any upfront legal costs. We also work on a strict contingency structure; therefore, you will not be required to pay anything if you do not win. If you are ready to explore the legal options available to you, contact us today. Our experts are ready to help you!

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