A lawsuit has been filed in the United States District Court Central Division of California against Waste Connections, the owner and operator of Chiquita Canyon Landfill in Castaic, alleging that Waste Connections has negligently and recklessly operated the landfill, resulting in serious harm to residents.
Filed by trial law firms McNicholas & McNicholas, LLP, Frank Sims & Stolper LLP and Becker Law Group, the lawsuit alleges that the company failed to properly manage the landfill’s gas capture, control systems and leachate systems. Leachate is a polluted liquid that forms from rainwater filtering through solid waste. This failure caused the emission of elevated and harmful levels of carbon monoxide, hydrogen sulfide and volatile organic gases, creating unsafe living conditions for thousands of residents. This year alone, there have been 13,000 odor complaints about the landfill. The plaintiffs have endured headaches, nausea, respiratory issues and the inability to enjoy use of their properties due to the offensive smells.
“Several state and federal regulatory agencies have cited Chiquita Canyon Landfill operators for hazardous waste violations over the years,” said Patrick McNicholas, partner at McNicholas & McNicholas, LLP. “Regulators have even called the landfill an imminent danger. Yet Waste Connections has ignored calls to correct the problems at its property.”
“With this lawsuit, we aim to secure relief for the plaintiffs and bring greater awareness to the issues at the facility that impacting so many,” said Jason Frank, partner at Frank Sims & Stolper LLP. “Everyone deserves the right to enjoy their homes and outdoor areas without the risk of becoming ill from pungent fumes and harmful airborne toxins.”
“If the landfill operator had taken proper action in maintaining its gas and leachate capture and control systems, community residents would not be suffering the alarming ailments they are now experiencing,” said senior partner Todd Becker of Becker Law Group.
The Chiquita Canyon Landfill is a 639-acre municipal solid waste facility that began operation in 1972. Since at least May 2022, the landfill has been experiencing a significant subsurface oxidation event that continues to grow in size and scope. The event is causing extreme temperature changes beneath the landfill’s surface, excessive leachate production and changes in the composition of landfill gases, resulting in harmful fumes and toxins released into the surrounding atmosphere.
As a result, Plaintiff 1, who lives less than 2.5 miles from the landfill, has suffered regular headaches and nausea. Plaintiff 2 also lives fewer than 2.5 miles from the property and complains of headaches, watery eyes and her asthma being exacerbated. The indecent and offensive odors from the landfill have interfered with the plaintiffs’ ability to participate in outdoor activities.
The complaint, which requests a jury trial, alleges that the elevated levels of noxious gases are a direct cause of Waste Connections failure to properly maintain the landfill. This failure has created a condition that is harmful to the health and well-being of the plaintiffs and area residents and obstructs the comfortable use and enjoyment of their homes and community.
Frank Sims & Stolper LLP is an Orange County-based litigation boutique that practices complex business litigation, class action litigation and white-collar criminal defense. www.lawfss.com.
McNicholas & McNicholas is a Los Angeles-based plaintiff-trial law firm that represents clients in catastrophic personal injury, employment law, class actions, sexual abuse and other consumer-oriented matters such as civil rights, aviation disasters and product liability. www.McNicholasLaw.com.
The Becker Law Group has earned a national reputation handling a wide array of catastrophic personal injury, mass torts, sex abuse and business matters. www.BeckerLawGroup.com.
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