PHILADELPHIA — Two Freemansburg residents filed a class-action lawsuit against Bethlehem Landfill Co., doing business as Iesi Pa Bethlehem Landfill, citing alleged public and private nuisance and negligence.
Lead plaintiffs Robin Bapstiste and Dexter Bapstiste filed a complaint June 26 in the U.S. District Court for the Eastern District of Pennsylvania, alleging that the solid waste management company negligently constructed, maintained and operated its landfill and were responsible for the emission of foul odors, pollutants and air contaminants.
According to the complaint, the Baptistes were unable to use the outside areas of their properties or host guests between April 16, 2012 and May 7, 2018 because of the smell coming from the allegedly improperly maintained landfill..
The Baptistes said Iesa should be required to comply with Pennsylvania's Solid Waste Management Act and Municipal Waste Management Rules.
The plaintiffs request a trial by jury and seek compensatory and punitive damages, attorney's fees and costs including pre-judgment and post-judgment. They also seeking injunctions prohibiting the emission of odors and air contaminants and designation of the class. They are represented by Kevin Riechielson of Kamensky Cohen & Riechelson in Trenton and Steven Liddle and Nicholas Coulson of Liddle & Dublin P.C. in Detroit.
U.S. District Court for the Eastern District of Pennsylvania case number 5:18-cv-02691-JFL