In Baptiste v. Bethlehem Landfill Co., the 3rd Circuit confronted the “legal garbage can” of the law — nuisance (not what you thought it was going to be, right?). The Court held that a class of residents could proceed on claims of both a private cause of action for a public nuisance and a private nuisance, as the residents suffered greater harm than that suffered by the general public as a result of “odorous emissions” from the defendant’s landfill.
