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C&H Sugar class action overview:
- Who: A California man is suing C&H Sugar.
- Why: The plaintiff says the sugar refinery emits a stench of rotten eggs so strong residents in a one-mile radius of the plant cannot open their windows.
- Where: The C&H Sugar class action is active in the United States.
An Oakland sugar refinery and wastewater plant is responsible for a noxious stench of rotten eggs so strong nearby residents must keep their windows closed, a new class action lawsuit alleges.
Plaintiff Freddy Gutierrez filed the class action lawsuit against C&H Sugar on June 27 in a California federal court, alleging violations of nuisance and negligence laws.
According to the lawsuit, the company operates the C & H Sugar facility in an East Bay community about 20 miles north of Oakland, where it refines sugar for packaging and treats both industrial and municipal wastewater.
However, the sugar refining process produces a waste sludge, called “mud,” which produces large quantities of hydrogen sulfide, recognizable for its “rotten egg” smell, Gutierrez says.
“When the mud and other waste byproducts from Defendant’s refining plant and municipal wastewater are combined for treatment at the Facility, the resultant wastewater mixture produces extremely noxious odors,” he adds.
The resulting noxious odors can escape the Facility and permeate the surrounding residential areas of about 2,200 homes if the facility is not properly maintained, which happens frequently, he adds.
Company is negligent in its operation and maintenance, plaintiff alleges
The noxious odors are a result of inadequate, improper and negligent operation and maintenance of the industrial and municipal wastewater treatment activities, Gutierrez alleges.
He says the emissions have been the subject of persistent complaints from residents in the area who say they cannot open windows to get fresh air, and when they do it stinks of rotten eggs and their eyes burn.
As a result, Gutierrez is suing on behalf of anyone who lives or has lived within a one mile radius of the plant over the past three years. He seeks certification of the class action, damages, fees, costs, an injunction forcing the company to remedy the issue, and a jury trial.
Meanwhile, consumers have recently taken aim at companies over environmental concerns that include the use of carbon-intense fossil fuels, asbestos contamination, per- and polyfluoroalkyl substances (PFAS), and airport pollution, among other things. Click here for more on these cases.
What do you think of the allegations against C&H Sugar? Let us know in the comments!
Gutierrez is represented by Mike M. Arias, Arnold C. Wang and M. Anthony Jenkins of Arias Sanguinetti Wang & Torrijos LLP and Steven D. Liddle, Laura L. Sheets and Matthew Z. Robb of Liddle Sheets Coulson PC.
The C&H Sugar class action lawsuit is Freddy Gutierrez et al. v. C&H Sugar Inc., Case No. 4:23-cv-03192, in the U.S. District Court for the Northern District of California.Article Text
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5 thoughts onClass action accuses C&H Sugar of releasing noxious odor from wastewater treatment plant
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I live very close to a sugar plant as well and it dies, indeed, smell like rotting animals when not properly maintained. You can’t open your windows, go to the park, use the trail for walking. The smell is obnoxiously awful. I worry that they are contaminating our water & land.
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