Pennsylvania Federal Court Denies Class Certification in Incinerator Odor Lawsuit
A successful defense of a mass environmental tort case frequently turns on class certification. In Holly Lloyd v. Covanta Plymouth Renewable Energy, LLC, No. 20-4330, 2022 WL 407377 (E.D. Pa. Feb. 10, 2022), a federal district court denied a motion to certify a class of neighboring residents complaining about noxious odors from a municipal waste incinerator. In so holding, the court’s decision set out key strategies and considerations for defeating class certification in future mass environmental tort cases.
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