Pennsylvania Residents See Class Denied Over Incinerator Odors

Suburban Philadelphia residents alleging a Covanta Plymouth Renewable Energy LLC incinerator emitted odors into their neighborhood must proceed individually with nuisance claims, following a Pennsylvania federal court’s denial of class certification.

Holly Lloyd raised public and private nuisance claims against Covanta and sought to represent “all owner/occupants and renters of residential property within a 1.5-mile radius” of its Conshohocken, Pa., facility.

She alleged Covanta’s emissions controls were inadequate and said some neighbors experienced odors so offensive that couldn’t open their windows, do yard work, walk their dogs, or entertain guests in their backyards.

Lloyd failed to show that the proposed ...