ENV-15-78 Odor Issues at Industrial Facilities: A Legal Framework

Description:

This paper will discuss legal issues related to odors at industrial facilities. Section II discusses some of the different methods that states use to regulate odor, including the nuisance standard and numeric standards based on odor concentration and intensity. Section III discusses issues addressed in several recent odor cases including the type of evidence required to prove causation and the “reasonableness” standard that applies to odor claims. Finally, Section IV provides some practical tips for managing odor issues at industrial facilities.