Only days remain to claim from the Rhode Island Bioenergy odor settlement: class counsel’s website lists November 3, 2026 as the claim deadline, and the final fairness hearing follows the next morning. Anyone who owned, rented or leased a home within 1.75 miles of the anaerobic digester on Scituate Avenue in Johnston at any time since January 1, 2016 can file. The fund is $850,000, it is split equally by claimed address, and a claim needs a photo ID plus a deed or lease.
Status: Claims open, final approval pending | Claim deadline November 3, 2026 | Opt-out and objection deadline passed October 19, 2026 | Equal share per address from an $850,000 fund
File Now: What the Short Window Means
The settlement website lists November 3, 2026 without a time of day or timezone, and the court notice says mailed claim forms must be postmarked by the claim deadline. The online form accepts uploads of your documents, which is the fastest route this close to the cutoff. The postmark deadline to opt out or object was October 19, 2026, so anyone in the class who has not already excluded themselves is now bound by the settlement if it is approved — filing a claim is the only way to receive cash from it.
The Facility and the Claims
The case is Sullivan et al. v. Rhode Island Bioenergy Facility, LLC, C.A. No. PC-2024-04461, in Rhode Island Superior Court for Providence/Bristol County before Associate Justice Brian P. Stern. The plaintiffs allege that noxious odors from the facility invaded nearby properties and bring claims for private nuisance, public nuisance and negligence.
Records of the Rhode Island Department of Environmental Management (RIDEM) describe the plant as an anaerobic digester that produces natural gas from recycled food and other organic waste. A RIDEM notice of violation says the agency issued the facility an immediate compliance order over offsite odors in September 2023 after receiving odor complaints from the surrounding area.
Rhode Island Bioenergy Facility, LLC denies liability on every claim and denies that anyone suffered property damage or a loss in property value connected to the facility. The court denied the company’s motion to dismiss but made no other rulings, and the settlement resolves the case without a finding for either side.
Who Can Claim
The class is everyone who owned, rented or leased residential property located in whole or in part within 1.75 miles of the facility at any time since January 1, 2016, other than those who opted out. The boundary follows the Class Area map attached to the settlement agreement and displayed on the settlement website. You do not need to own, rent or live at the property today.
Two inconsistencies appear in the official materials. The court notice and the printable claim form use the January 1, 2016 start date, while the eligibility question on the online form asks about residence “from October 28, 2018, to the present.” The same web page also describes the radius as “one and three quarter (.75) miles,” while the court notice states 1.75 miles. The website does not explain either difference; the court-approved notice is the document that defines the class.
How the $850,000 Is Shared
No per-household amount has been announced, and none can be until the claims are counted. Court-approved attorneys’ fees and expenses and incentive awards come out first. Class counsel, Liddle Sheets P.C. and Hamel, Waxler, Allen & Collins, will ask for fees of no more than one-third of the total settlement value plus litigation expenses, and for a $2,500 incentive award for each named plaintiff.
The remainder of the Rhode Island Bioenergy settlement fund is divided by the total number of addresses for which claims are submitted. Each claimed address gets one equal share, and the share shrinks as more addresses claim. A claim form covers a single property, so someone who owned or rented more than one home in the Class Area files a separate form for each. A spouse or roommate can be listed and sign on the same form.
Separately, the company has agreed to spend about $150,000 on odor-control improvements that no government agency had specifically required at the time of the settlement. If the deal is approved, the notice says every class member benefits from that work, including those who opted out or never file.
Documents to Attach
| Every claimant | A copy of a government-issued photo ID (driver’s license, state ID card or other government photo ID) showing identity and current address. |
| Owners | A copy of the deed or other proof of ownership. The online form says an owner whose ID shows a different address also attaches a utility bill or other proof of having lived at the property; the printable form lists a utility bill in the owner’s name as an example of ownership documentation. |
| Tenants | A valid lease or rental agreement. The printable form also accepts other proof of occupancy, such as a utility bill in the tenant’s name. |
No notice ID, claim number or PIN is needed. The online form also asks for your name, current mailing address, email, daytime phone, the Class Area address and when you first and last owned or rented it. The claim is signed under penalty of perjury. Send copies, not originals; they are not returned, and missing documentation can lead to rejection.
What the Release Leaves Open
The release covers claims arising from odor or other emissions from the facility through the settlement’s Effective Date. According to the notice, it does not release claims for medically diagnosed personal injuries or claims based on emissions after the Effective Date.
The Hearing and Payment
The final fairness hearing is November 4, 2026 at 10:30 a.m. at the Frank J. Licht Judicial Complex in Providence, possibly by phone or video if the court directs. The court will weigh fairness, any objections, the fee request and the incentive awards. If it approves, class counsel will start reviewing claim forms; payments come only after final approval and any appeals, and no payment date has been announced.
File on class counsel’s Rhode Island Bioenergy settlement page, which hosts the online form, the Class Area map, the notice and the printable claim form. Its web address refers to “resource recovery,” but the content covers this settlement, and the address printed in the notice forwards there. Our sister site’s Johnston odor settlement page on OpenClassActions.com tracks the hearing outcome.
Frequently Asked Questions
When is the claim deadline for the Rhode Island Bioenergy settlement?
Class counsel’s settlement website lists November 3, 2026, with no time of day or timezone. Mailed claim forms must be postmarked by that date.
How is the fund divided?
By address, not by person. After court-approved fees, expenses and incentive awards, the rest of the $850,000 fund is divided by the number of addresses for which claims are submitted. Each property needs its own claim form.
Can renters file?
Yes. Tenants attach a valid lease or rental agreement, or under the printable form other proof of occupancy such as a utility bill in their name, along with a government-issued photo ID.
Why does the online form mention October 28, 2018?
The online form’s eligibility question uses October 28, 2018, while the court-approved notice and printable claim form define the class from January 1, 2016. The settlement website does not explain the difference.
Can I still opt out or object?
No. Exclusion requests and objections had to be mailed and postmarked by October 19, 2026.
Does the settlement release injury claims?
According to the notice, it does not release claims for medically diagnosed personal injuries or claims based on emissions after the Effective Date.
Sources
- Class counsel’s settlement page, online claim form and Class Area map — Rhode Island Bioenergy settlement (Liddle Sheets P.C.).
- Notice of Proposed Class Action Settlement (Exhibit B) and Settlement Claim Form (Exhibit C), Sullivan et al. v. Rhode Island Bioenergy Facility, LLC, C.A. No. PC-2024-04461 (R.I. Super. Ct.).
- RIDEM Office of Compliance and Inspection, Notice of Violation, File No. OCI-AIR-23-80.
- OpenClassActions.com — Rhode Island Bioenergy Johnston Odor Settlement.
Source and credit: the settlement terms, deadlines and benefit details described above are drawn from our sister site’s reporting — OpenClassActions.com: Rhode Island Bioenergy Johnston Odor Settlement — which tracks this case against the court-approved notice and the official settlement website and is updated as the court rules.
Legal Disclaimer
This article is for informational purposes only and is not legal advice. OpenClassActions.org is a consumer news site, not a law firm and not the settlement administrator, and is not affiliated with any party to the case described. The allegations are allegations; unless a court has ruled, the defendants deny wrongdoing and no court has decided the merits. Deadlines, benefit amounts and payment timing can change as the court and the administrator act, so confirm current status on the official settlement website. You never need to pay anyone to file a claim or to receive a settlement payment.