LA TIMES

“Some skeptical neighbors reject relief offer from Chiquita Canyon Landfill operator”

Oshea Orchid, an attorney representing a class of community members suing Chiquita Canyon and L.A. County for the landfill’s emissions, said she was concerned that the wording appeared to suggest that people seeking relocation funding would be waiving their right to seek compensation for future damages. Some of her clients who had previously applied for relief quickly withdrew their applications before receiving funding, claiming they had been misled.

“It just feels like that plan to try to get a waiver was really sneaky,” said Orchid, partner at Sethi, Orchid and Miner. “I don’t know if they just thought we wouldn’t catch it. I think they know that this litigation is going to be challenging from their side. Maybe they’re looking for any kind of procedural loophole to try to lessen the claims against the landfill.”

Following an inquiry by The Times, landfill officials said the application form was not intended to shield the operator from litigation. In response to criticism, they said they were revising the application’s text to reflect that position.

“In an effort to further clarify our Community Relief Program, we are making updates to our website and the application form to make it abundantly clear that anyone who participates in the Relief Program is not waiving any claims they may have against Chiquita Canyon Landfill or related entities, and is not waiving any additional damages to which they may be entitled,” Waste Connections Vice President John Perkey said in a statement to The Times.

Orchid doesn’t buy that. She said the program has already sowed distrust among community members who feel as though the landfill tried to use a charitable program to leverage a vulnerable community.

Barger told The Times she was unaware of any requirement that residents agree to conditions to receive relocation relief.

“My expectation is that the landfill’s proprietors are stepping up to my request for community support and will provide that support with no strings attached,” she said in a statement. “This will show they are working in good faith to meet the needs of the surrounding community. Anything less is unacceptable. “ But at the heart of the issue, Orchid argues the landfill never should have been allowed to administer the relocation program in the first place.

She noted that the landfill has also dedicated money for a separate program that provides affected residents with reimbursement for their utility bills (which are much higher from running air filters and air conditioning). But there’s a major distinction: L.A. County is responsible for running the program and dispensing the funding.

“People who are contacting me say, ‘It just feels wrong that I have to go to the landfill begging for help, when I would think my elected officials and the government should be,’” Orchid said.