Class action suit alleges ‘malodorous emissions’ interfered with residents’ home lives
By Delayna Earley
The Island News
A class action lawsuit filed Jan. 27 alleges that recurring sulfur-like odors linked to the Barnwell Resources construction-and-demolition landfill on Lady’s Island have unreasonably interfered with residents’ use and enjoyment of their homes for more than a year.
The lawsuit, filed in Beaufort County Court of Common Pleas, names Coastal Waste & Recycling Inc. as the defendant and seeks damages and injunctive relief on behalf of nearby homeowners who say the odors have persisted despite regulatory oversight and attempted mitigation efforts.
According to the complaint, the landfill has repeatedly emitted hydrogen sulfide gas and other malodorous emissions that migrate offsite into surrounding residential neighborhoods, particularly following rain events and under specific weather conditions.
The filing alleges those emissions have occurred since at least early 2024 and have continued through the present.
“These emissions are not isolated or momentary,” the complaint states.
It alleges odor events have recurred for months, infiltrating homes, vehicles and personal property and preventing normal outdoor activities.
Hydrogen sulfide is a colorless gas commonly described as smelling like rotten eggs. It can form at construction-and-demolition landfills when certain waste materials decompose under low-oxygen conditions, particularly when water infiltrates waste after heavy rainfall.
State regulators have said the gas can accumulate near the ground under specific weather conditions, allowing odors to persist in nearby residential areas.
Alleged failures at the landfill
The landfill is permitted as a Class 2 construction-and-demolition debris facility and is regulated by the South Carolina Department of Environmental Services.
The lawsuit outlines a pattern of inspections, odor complaints and corrective directives issued by DES throughout 2025. Many of those actions focused on erosion, inadequate soil cover, grading deficiencies and stormwater management problems at the site.
According to the filing, DES inspectors repeatedly detected hydrogen sulfide odors both onsite and in nearby neighborhoods, including along Middle Road and within residential areas south of the landfill.
In several inspections, DES documented that odor control measures were ineffective and required additional mitigation plans and corrective actions.
The complaint further alleges that while Coastal Waste & Recycling periodically implemented remedial measures, those efforts were temporary and failed to prevent the recurrence of odors after subsequent rain events.
DES air-monitoring data cited in the lawsuit recorded measurable hydrogen sulfide concentrations at community monitoring locations. During certain periods in late 2025, some readings exceeded 150 parts per billion — levels significantly above typical background concentrations.
According to the filing, spikes in those readings corresponded with increased odor complaints from residents.
Property-based claims, not medical damages
Beaufort County Councilman David Bartholomew, who is listed as “of counsel” with Cooper & Bilbrey, P.C. on the case, said the lawsuit is focused on property-based harms rather than individual medical claims.
“The clean route we proposed is the diminished quiet enjoyment of the property, nuisance, negligence, and diminished property values,” Bartholomew said.
The complaint seeks damages for loss of use and enjoyment of residential property, temporary diminution in rental and market value, and related harms that it alleges can be measured on a class-wide basis.
It also seeks injunctive relief requiring the landfill operator to implement permanent and effective measures to prevent future offsite odor impacts.
Bartholomew said the filing leaves open the possibility that additional pollutants beyond hydrogen sulfide could be identified as investigation continues.
Who the lawsuit covers
The proposed class includes owners of single-family and two-family detached homes located within a defined geographic area generally bounded by Springfield Road, Brickyard Point Road, Middle Road, Walnut Hill Street and Marsh Drive.
Apartments and condominiums are excluded from the class definition.
The lawsuit names Paula Mikesh as the class representative. According to the complaint, Mikesh alleges she experienced repeated odor events that interfered with her ability to use and enjoy her home.
If the court certifies the class, affected property owners would typically receive notice and be included automatically unless they choose to opt out.
Reporting odors
Residents who experience landfill-related odors can file complaints with DES, which oversees landfill permitting and compliance. Complaints can be submitted online through the agency’s environmental complaint portal or by contacting DES directly.
DES has encouraged residents to include the date, time, location, duration of the odor and current weather conditions, such as wind direction, when reporting an issue.
The agency has said complaint reports help guide inspections, air monitoring and enforcement actions.
What happens next
The lawsuit has been filed but has not yet proceeded to class certification or trial. The defendant must be formally served and will have the opportunity to respond in court.
Bartholomew said this is the firm’s first-class action case and that his firm partnered with McGowan, Hood, Felder & Phillips, a firm experienced in class action litigation.
Residents who believe they have suffered individual medical harm are not prevented from pursuing separate legal action, he said, noting that such claims would be distinct from the class lawsuit.
DES continues to oversee the landfill and has indicated that additional corrective measures may be required if odor problems persist.
The Island News will continue reporting as the litigation and regulatory response move forward.
Delayna Earley, who joined The Island News in 2022, formerly worked as a photojournalist for The Island Packet/The Beaufort Gazette, as well as newspapers in Indiana and Virginia. She can be reached at delayna.theislandnews@gmail.com.
An odorous timeline
- Here is a timeline of odor complaints about the Lady’s Island landfill over the past two years:
- Early 2024: Residents near the Barnwell Resources construction-and-demolition landfill begin reporting recurring sulfur-like odors, often worsening after rain events and under certain weather conditions.
- Jan. 7, 2025: The South Carolina Department of Environmental Services (DES) conducts a complaint-driven investigation. Inspectors detect hydrogen sulfide odors at the landfill and at multiple offsite residential locations.
- Late January 2025: DES documents that odors are migrating offsite and determines odor control measures are ineffective. The landfill operator is directed to develop additional mitigation efforts.
- Feb. 27, 2025: DES records “ongoing” hydrogen sulfide odors both onsite and offsite, including along Middle Road and within nearby neighborhoods.
- March to June 2025: DES inspections identify erosion, washouts, ponding and drainage deficiencies that increase the likelihood of waste exposure and odor generation, particularly following rainfall.
- October 2025: DES detects hydrogen sulfide odors during multiple inspections and cites continued grading and drainage issues. Odors are documented onsite and along Middle Road.
- Dec. 10 to 16, 2025: DES air monitoring records elevated hydrogen sulfide concentrations at both landfill and nearby community sensors.
- Jan. 26, 2026: SCDES holds an informational meeting to discuss the situation with the community. Many members of the community express anger at lack of action and accountability.
- Jan. 27, 2026: A class-action lawsuit is filed in Beaufort County Court of Common Pleas alleging nuisance, negligence, loss of use and enjoyment of property, and diminished property value.