According to the Atlanta Black Star, the environmental advocacy group Earthjustice filed a lawsuit against the Environmental Protection Agency (EPA), representing residents in predominately black neighborhoods in Flint, Mich., Pittsburgh, Calif., Beaumont, Texas, and Chaves County, New Mexico. The lawsuit claims that the residents' civil rights were violated when the EPA ignored complaints from black residents about odor and contamination issues from nearby landfills, and other waste facilities and industrial farms. Some of the complaints go back more than 20 years.
Furthermore, a report recently released by NBC and The Center for Public Integrity, found that "the EPA office tasked with policing alleged civil rights abuses is chronically unresponsive to complaints and has never made a formal finding of discrimination." The lawsuit is based on Title VI of the Civil Rights Act of 1964 prohibits agencies that receive federal funds from race-based discrimination. Many of these facilities are located near historic black neighborhoods, and complaints from residents have been chronically ignored.
We do not believe that these lawsuits will compensate residents for the loss of use and enjoyment of their properties. We currently represent residents in a historic black neighborhood in Pensacola, Fla., in an odor nuisance lawsuit against the owners and operators of the Rolling Hills landfill.
While I do not currently represent anyone involved with the lawsuit filed by Earthjustice, I have represented more than 2,000 similarly situated people around the country in various landfill and other environmental litigation cases regarding odor nuisance. To find out if The Simon Law Firm, P.C. can help with an odor nuisance case, contact Todd Hageman.