My News LA and The San Fernando Valley Sun Report on Lawsuit Filed Against Operator of Sunshine Canyon Landfill on Behalf of Residents Subjected to Toxic Fumes from Rotting Garbage
As reported by My News LA and The San Fernando Valley Sun, McNicholas & McNicholas LLP has filed a lawsuit against the operator of the Sunshine Canyon Landfill in Sylmar on behalf of residents alleging negligence and reckless operation of the Landfill causing widespread harm.
The lawsuit alleges the operator failed to properly maintain its landfill following heavy rains, which caused the emission of harmful levels of methane and hydrogen sulfide gases creating unsafe living conditions for thousands of residents.
“People have the right to live comfortably in their residences without being sickened by fumes entering their yards, doors and windows. Unfortunately, these individuals are directly and negatively impacted because of the negligence of Browning-Ferris in failing to maintain their landfill properly,” Partner Patrick McNicholas said.
Read the San Fernando Valley Sun story here.
Read the My News LA story here.
— Operator failed to maintain landfill following heavy rains properly; toxic emissions caused thousands of residents to experience noxious fumes —
LOS ANGELES (September 6, 2024) – Today, a lawsuit has been filed on behalf of 1,450+ plaintiffs against Browning-Ferris Industries of California, Inc., operator of the Sunshine Canyon Landfill in Sylmar, alleging negligence and reckless operation of the Landfill causing widespread harm to residents. The suit, filed by trial law firms McNicholas & McNicholas, LLP, Frank Sims & Stolper LLP, and Becker Law Group, alleges the operator failed to properly maintain its landfill following heavy rains, which caused the emission of harmful levels of methane and hydrogen sulfide gases creating unsafe living conditions for thousands of residents. In 2023 alone, nearly 1,000 odor complaints were filed by those living near the landfill, exposing the alarming nature of the public health crisis. The plaintiffs have endured headaches, nausea, respiratory issues and the inability to use their properties.
“People have the right to live comfortably in their residences without being sickened by fumes entering their yards, doors and windows. Unfortunately, these individuals are directly and negatively impacted because of the negligence of Browning-Ferris in failing to maintain their landfill properly,” stated Patrick McNicholas, partner at McNicholas & McNicholas, LLP.
“This is not just about holding a corporation accountable, it’s about restoring the rights of citizens to live in their homes without fear of what’s in the air they breathe,” added Jason Frank, partner at Frank Sims & Stolper LLP.
“If the landfill operator had done its due diligence to control the breeding of bacteria that is causing methane and hydrogen sulfide gases to be released into the air, nearby residents and individuals at businesses and schools would not be subjected to offensive odors and serious health effects,” said senior partner Todd Becker of Becker Law Group.
Case Background
The Sunshine Canyon Landfill, which has provided waste disposal services since 1958, sits on a 1,036-acre property, of which 363 acres are permitted for disposal. Following exceptionally heavy but foreseeable rains in late 2022 and 2023, the operator failed to implement the necessary measures to allow the landfill to drain properly, causing decomposing garbage to become saturated. This saturation created an environment for bacteria to breed and consequently, methane and hydrogen sulfide gases were released into the atmosphere, negatively impacting nearby residents.
As a result, Plaintiff 1, who lives a mile from the property, has suffered headaches, nausea and a loss of appetite. Plaintiff 2 lives 2.5 miles from the landfill and complains of headaches, a runny nose and cough. Both individuals say that the odors have interfered with their ability to participate in outdoor activities.
The complaint, which requests a jury trial, alleges that the elevated levels of noxious gases are a direct cause of Browning-Ferris’s failure to take proper action to alleviate issues. The lack of action has created a condition that is harmful to health, indecent, or offensive to the senses and obstructs the free use of property by the residents.
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Frank Sims & Stolper LLP is an Orange County-based litigation boutique that practices complex business litigation, class action litigation, and white-collar criminal defense.
McNicholas & McNicholas, LLP
McNicholas & McNicholas is a Los Angeles-based plaintiff-trial law firm that represents clients in catastrophic personal injury, employment law, class actions, sexual abuse, and other consumer-oriented matters such as civil rights, aviation disasters, and product liability.
The Becker Law Group
The Becker Law Group has earned a national reputation handling a wide array of catastrophic personal injury, mass torts, sex abuse and business matters.
