Family who lived across from landfill may sue under Clean Air Act

Law Reporter, Jun 2004

Covington v. Jefferson County, 358 F.3d 626 (9th Cir. 2004).

A family who lived across from a landfill has standing to sue the county that owned and operated the landfill under the Clean Air Act, the Ninth Circuit Court of Appeals held.

Here, the Covingtons lived across the street from a county landfill. The county allegedly operated the landfill in violation of state and federal laws in several ways, including improper disposal of appliances that could leak ozonedepleting chlorofluorocarbons; allowing fires to take place at the landfill; improper disposal of biological substances such as household garbage, manure, and animal remains; and failure to cover waste on the landfill.

The Covingtons sued the county, alleging violations of the Clean Air Act (CAA), 42 U.S.C. §§ 7401 et seq., and other claims. The trial court held, among other things, that plaintiffs lacked standing to bring the CAA claims.

Reversing in part, the Ninth Circuit noted that as close neighbors of the landfill, plaintiffs have met the injury requirement of standing. Plaintiffs have shown evidence of risks from fires, explosions, scavengers, and contamination, any of which could threaten their enjoyment of life and home. Plaintiffs need not show mat they would prevail on their challenge in order to have standing, the court said. For the CAA claims, plaintiffs have shown evidence that liquids leaking from appliances in the landfill caused them to fear contamination. Thus, their enjoyment of their property was diminished, a great enough injury to satisfy the requirement for standing. Further, the court held, since the county operates the landfill, violations are caused by it and can be redressed by requiring compliance or imposing deterrents, thus the causation and redrcssability aspects of standing are met for plaintiffs for both their CAA and other claims.

Accordingly, the court remanded for further proceedings in this matter.

Plaintiff's Cousel

Margaret B. Hinman, Idaho Falls, Idaho