January 2006

Court grants permission to expand lawsuit against Warren Hills landfill

Detroit, MI— Macuga & Liddle, P.C. announced in December that it has received court approval to amend the class-action lawsuit previously filed against the landfill operated by Warren Hills, LLC to include the City of Warren, Rizzo Associates, Inc., Regal Recycling Co. Inc., U.S.A. Recycling Facility Services, Inc., Waste Management of New York, L.L.C., Champion City Recovery, LLC, and Mid-State Recovery, LLC.

The lawsuit alleges that these companies are responsible for allowing hydrogen sulfide odors and air contaminants to physically invade and cause damage to Plaintiffs property.

Specifically, the lawsuit alleges that Rizzo Associates, Inc., Regal Recycling Co. Inc., U.S.A. Recycling Facility Services, Inc., Waste Management of New York, L.L.C., Champion City Recovery, LLC and Mid-State Recovery, LLC knew or should have known that the disposal of their gypsum board at the Warren Hills landfill would likely involve the creation of hydrogen sulfide and its emission into the surrounding community.

Further, the lawsuit claims that the City of Warren failed to repair and/or maintain the sewer system so that hydrogen sulfide would not accumulate within the sewer system and would not enter resident’ homes.

Since February 2002, the Ohio EPA has received over 800 complaints from residents concerning the noxious odors, noise, dust, debris and air contaminants emitted from the Warren Hills landfill.


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