Amy Elizabeth Armstrong , of S.C. Environmental Law Project, of Pawley's Island, for Amicus Curiae Coastal Conservation League, South Carolina Wildlife Federation and Upstate Forever.
Elizabeth B. Parlow , of Ogletree, Deakins, Nash, Smoak & Stewart, PC, of Columbia, for Amicus Curiae National Solid Wastes Management Association, et al.
Ben A. Hagood, Jr. , of Moore & VanAllen, PLLC, of Charleston, Mark T. Stancil , of Robbins, Russell, Engleert, Orseck, Untereiner & Sauber, LLP, of Washington, DC, for Amicus Curiae The Chamber of Commerce of the United States of America.
Supreme Court of South Carolina.
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...
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