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Environmental Law

Upholding California’s commitment to safeguard its environment has become more difficult in recent years. A growing population, combined with budget cuts to public regulatory oversight agencies, has meant lax enforcement of environmental laws on the books.  This has lead citizens to file lawsuits in order to enforce the air quality laws intended to keep their cities and neighborhoods safe. Landfills, in particular, are a major source of particulate matter air pollution in the Bay Area, including locations in Novato, Suisin City, Milpitas, Colma, Fremont, Petaluma, and Altamont.

The Evans Law Firm handles cases involving violations of environmental law. The Evans Law Firm recently filed a class action against Republic Services Inc., operators of Newby Island Resource Recovery Park, a landfill in Milpitas, California, alleging negligence and nuisance in the operation of this landfill, and seeking damages for all persons residing within a two-mile radius, encompassing over 10,000 homes and over 30,000 residents.

Despite numerous complaints to the Bay Area Air Quality Management District regarding noxious odors from this facility, Republic Services Inc. continues to expand its operations at Newby Island. The suit alleges that Republic recklessly and willfully failed to take adequate safety measures to protect the nearby public from the noxious odors, pollutants, and air contaminants caused by its day-to-day operations; the landfill includes facilities for the processing of solid waste, compost, construction and demolition material, and gas-to-energy, as well as a recyclery.

These pollutants invading the Plaintiffs’ property from the landfill has frequently forced nearby residents to forego the use of their yards, having to stay inside with doors and windows closed, interfering with the Plaintiffs’ ability to freely use their property. The suit alleges that the landfill constitutes a public and private nuisance, and that Republic Services Inc. should be held responsible for negligence and gross negligence in their operation of their business.

Air and water quality laws are designed to ensure public safety in these areas. If you believe that you are the victim of an environmental violation, it is important to speak with a knowledgeable attorney who can assess the situation and explain your rights. You may be able to recover damages from the perpetrator of the violation.

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