But because the order does not amount to a new law it does not compel the private sector to take any action.

BBC: President Obama

Solicitor Rhian Morgan said the action was being brought under the Law of Private Nuisance on the grounds of the residents having "unreasonable interference with enjoying their property".

BBC: Papers served on Sita over Whinney Hill landfill smells

Six courts of appeal have ruled that a private right of action exists, while three have ruled such a right cannot be found in common law.

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