Shell Lawsuit Claims Pennsylvania Plant Releases ‘Noxious Odors’ into Neighboring Community
Flynn v. Shell Chemical Appalachia, LLC
Filed: August 5, 2024 ◆§ 2:24-cv-00193
A class action alleges Shell Chemical Appalachia’s negligent operation of its Pennsylvania petrochemical plant has caused “noxious odors” and dust to invade residential areas.
A proposed class action lawsuit alleges Shell Chemical Appalachia’s negligent operation of its Monaca, Pennsylvania petrochemical plant has caused “noxious odors” and dust to invade nearby residential areas.
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According to the 20-page amended complaint, Shell has failed to take adequate measures to control the release of contaminants from its facility, which processes ethane gas to produce the chemical ethylene. Per the lawsuit, the production of ethylene—which is used in plastics, resins, adhesives and other synthetic products—creates substantial waste that, if not handled properly, can be “highly odiferous, offensive, and unpleasant.”
The ethane cracker plant has a well-documented history of failing to control emissions, the suit claims. As the case tells it, the Pennsylvania Department of Environmental Protection (DEP) has received scores of complaints from neighboring residents regarding noxious odors, dust and light emissions since the facility began operations in 2019.
The plaintiff, a nearby resident, reports that the noise from the plant “[s]ounds like a freight train 24 hours a day” and says the odors are “so severe” that they have given him headaches. The complaint shares that other residents have also had issues with flaring lights from the facility, which are caused when the defendant burns off excess gases that would otherwise vent directly into the atmosphere.
According to the filing, Shell’s permit bars the plant from emitting “malodorous air contaminants” in such a way that they are detectable outside of company property. Its apparent failure to control emissions has resulted in “numerous and continuing violations” issued by the state DEP since 2020, the lawsuit contends.
“A properly maintained, operated, and/or constructed ethane cracking plant will not release noxious emissions into the surrounding residential areas,” the suit stresses.
The Shell lawsuit looks to represent any owners, occupants or renters of residential property who were or are located within a two-mile radius of the facility within the past two years.
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