On Tuesday, September 2nd, 2025, The Downs Law Group, along with co-counsel, including the University of Miami School of Law Environmental Justice Clinic, took a significant step in the ‘Old Smokey’ class action lawsuit against the City of Miami and SCS Engineers (a remediation company that the City of Miami retained to conduct soil sampling and remediate detected contamination). The Class Action Complaint alleges that the Defendants failed to remediate and/or warn of the danger of contaminants from the incinerator that the City of Miami allowed to operate for over 40 years (known locally as 'Old Smokey'), and which spewed toxic waste containing known carcinogens, including dioxins and arsenic. This toxic waste, which remains in the soil of the community at harmful levels to this day, has damaged properties and exposed certain longtime residents abnormally.
The Downs Law Group, after being delayed for years by judicial recusals and appeals by the City of Miami, has finally been able to file its Motion for Class Certification. This motion presents evidence and expert reports that support the various elements necessary to establish a certified class. In support of class certification, The Downs Law Group filed reports from seven (7) different experts from a variety of specialties, such as toxicology, epidemiology, soil sampling, and environmental engineering. The Downs Law Group found experts at the top of their fields (doctorate-educated, board-certified, among other honors) from all over the country. Certain plaintiffs’ expert reports, like epidemiology, property damage, and engineering, were so strong that the defendants did not file reports to rebut the conclusions.
The 'Old Smokey' case is the second incinerator class action that has been filed here in the South Florida area, both alleging harm to property and residents who lived in the general vicinity. The first was filed against the City of Fort Lauderdale for a former incinerator in the Lincoln Park neighborhood. Hinton v. City of Ft. Lauderdale (Case No. 07-30358). This original incinerator lawsuit against the City of Fort Lauderdale was resolved at mediation in favor of the victims. The Hinton settlement resulted in residents who were part of the class being entitled to certain medical and property damages. This case is a near-mirror image of the Lincoln Park matter and, Louise Caro, who was an attorney who represented victims in Hinton, is now working alongside The Downs Law Group in this action. Further, the lead experts who helped prosecute the Lincoln Park action is now assisting the plaintiff group in the Old Smokey case. Mediation in the Old Smokey case is being set by Court order before the Class Action certification hearing that is set for 3 days in December, starting December 3rd.
“The Downs Law Group is always prepared to fight on behalf of our victims—and we do so in a thoughtful, determined manner. At the same time, we remain hopeful that the City of Miami will step forward, acknowledge the harm caused to this community, and work with us in good faith to bring justice to the victims. We believe this can be accomplished in a way that meaningfully repairs the damage while avoiding unnecessary financial harm to the City itself,” said Craig Downs, Founding and Principal Attorney of the Downs Law Group.
The Old Smokey case, and the prior case of Lincoln Park in Broward are reminders of the harm that incinerators can cause a community. Something to be considered by every community when local governments consider incinerators to deal with their ever-increasing trash disposal needs. Currently, there is a debate in Miami-Dade as to whether to construct a new incinerator and, if so, where to put this new incinerator. The City of Doral recently prevented plans for a new incinerator in their community.