The Rapid City Journal is reporting that a fire at the SunLand Industries rubble site has been burning for more than a month, sending foul, acrid smoke to homes, schools and a nearby Air Force base. The South Dakota Department of Environment and Natural Resources has been in contact with the operator, Gerald McFarland about putting out the fire. Meanwhile, students and staff in the Douglas School District have complained of headaches, and residents have also complained about the nuisance.
Most states recognize a person's right to enjoy their own property free of nuisance. One does not have to be sick, or sustain a permanent physical injury, to have suffered a nuisance by an improperly maintained landfill. In this instance, a nuisance could be the horrible rotten egg odors of hydrogen sulfide, or smoke and other chemical odors from a burning landfill.
We will be monitoring this story for developments. While I do not currently represent anyone impacted by the SunLand Industries fire, I do represent hundreds of similarly situated people around the country in various landfill litigation. To find out if The Simon Law Firm can help with your landfill case, contact environmental lawyer Todd Hageman. Consultations are free of charge.