Gordon Rees Scully Mansukhani Oakland partner Christopher Strunk authored an article "Yes to Cannabis! Just Not in My Backyard: An Analysis of Odor-Based Claims in the Cannabis Industry," published in the August edition of the American Bar Association’s The Brief.
The article examines regulatory enforcement actions, nuisance claims, and civil RICO suits, and other significant civil liability from odor-based claims impacting the cannabis industry. Strunk provides guidance for cannabis cultivators that nuisance claims can be brought against legal activities so long as they are a nuisance. “The takeaways for cannabis businesses and their counsel is that state air authorities take odor concerns seriously, and failure to take steps to control odors risks regulatory enforcement,” Strunk states in the article.
Strunk is a member of the firm’s Environmental/Toxic Tort, Cannabis, Commercial Litigation and Entertainment practice groups and has more than twenty years of experience litigating complex environmental and toxic tort disputes. He focuses on the defense of large, multi-party environmental matters, including mass tort and products liability litigation involving alleged toxic injury arising from asbestos, lead, mold, solvents, and other contaminants. He has represented microchip and technology companies, chemical and petrochemical companies, heavy equipment manufacturers, and the pesticide and fertilizer industry. He also has significant experience litigating large and small environmental cleanup actions under CERCLA, RCRA, and state law.
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