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Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin Sep 2021

Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin

West Virginia Law Review

The U.S. in the past two decades has experienced an increase in class actions stemming from landfill odors, with many of these lawsuits utilizing the common law doctrines of nuisance, trespass, and negligence. Landfill odors impact nearby residents, making it unenjoyable for them to be outside on their lawns, and even in their homes. West Virginia’s sole appellate court, despite the state having 17 operational landfills and disposing of nearly 1.5 million tons of trash, has seen no such suit. This Note identifies whether West Virginia decisional law is prohibitive of this type of suit; it finds no clear legal …


This Land Is Your Land (Our Right To The Environment), Victor B. Flatt Sep 2004

This Land Is Your Land (Our Right To The Environment), Victor B. Flatt

West Virginia Law Review

No abstract provided.


Controlling Acid Rain: The Clean Air Act And Federal Common Law Nuisance, Debra G. Archer Aug 1982

Controlling Acid Rain: The Clean Air Act And Federal Common Law Nuisance, Debra G. Archer

West Virginia Law Review

No abstract provided.


Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck Sep 1977

Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck

West Virginia Law Review

No abstract provided.