Court Denies Class Certification in Public-Nuisance Class Action Against Biofuel Plant Owner

Shook represented Renewable Environmental Solutions (RES) in a purported class action brought by residents living in close proximity to a plant that converted animal byproducts into fuel. Seeking compensatory and punitive damages, the putative class alleged that the company negligently failed to control odors released from the plant. 

Denying class certification, the court agreed with Shook that the plaintiffs could not meet the commonality requirement because the determination of plaintiffs' loss of enjoyment damages would be too individualized. Sundy v. Renewable Environmental Solutions, No. 07AP­CC00089, slip op. (Cir. Ct. Jasper Cnty., Mo. Mar. 8, 2011).