Tulsa World is reporting that the Oklahoma Department of Environmental Quality has filed a civil action against Environmental Solutions of Oklahoma, the landfill operator, requesting an injunction ordering it to stop accepting waste immediately and to comply with solid-waste management rules. There has been a landfill fire burning since August 4 , and that it "has continued to pollute the environment." The DEQ believes that as long as the landfill was operational with those conditions "it would be and is a threat to public health and environment." We had previously blogged this in August when the landfill was shut down due to the fire.
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 North Tulsa Sanitation Landfill 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