Babb v. Lee County Landfill SC, LLC

CERTIFIED QUESTION

Justice HEARN.

Brought in federal district court on claims arising from offensive odors migrating from a landfill onto the plaintiffs’ properties, this case comes to this Court for the resolution of several issues of law. The certified questions herein require us to delve into the gray areas of common law, environmental torts. Specifically, we consider the measure of damages for trespass and nuisance claims, the requirement that a physical, tangible invasion occur for a trespass to arise, the existence of a negligence claim based on odors, and the requirement of expert…