Rhode Island Bioenergy Facility $1M Class Action Settlement, Who Qualifies, How to Claim and Key Deadlines

People who owned, rented or leased a home near the Rhode Island Bioenergy Facility in Johnston, Rhode Island may be able to collect cash from a proposed $1 million class action settlement over alleged odors from the facility. The deal combines an $850,000 settlement fund with about $150,000 in odor control improvements at the facility.

Payments are not automatic. To get money, you must file a claim with supporting documents by November 3, 2026. The deadline to opt out or object is October 19, 2026, which is five days from the date of this article. The court has preliminarily approved the settlement but has not yet given final approval. The fairness hearing is set for November 4, 2026 at 10:30 a.m.

The defendant, Rhode Island Bioenergy Facility, LLC, denies it is liable and denies that anyone’s property lost value because of the facility. The court has not decided who is right.

Rhode Island Bioenergy Facility Settlement Quick Facts

Item	Detail
Case	Sullivan et al. v. Rhode Island Bioenergy Facility, LLC
Case number	PC-2024-04461
Court	Rhode Island Superior Court (Associate Justice Brian P. Stern)
Facility	289 Scituate Avenue, Johnston, Rhode Island
Total settlement value	About $1,000,000
Cash settlement fund	$850,000
Odor control improvements	About $150,000
Who is covered	Anyone who owned, rented or leased residential property in whole or in part within 1.75 miles of the facility at any time since January 1, 2016
Claim form required?	Yes. It is the only way to get a cash payment.
Opt-out and objection deadline	October 19, 2026 (postmarked)
Claim deadline	November 3, 2026 (postmarked)
Fairness hearing	November 4, 2026 at 10:30 a.m., Frank J. Licht Judicial Complex, 250 Benefit Street, Providence
Class counsel	Liddle Sheets P.C. and Hamel, Waxler, Allen & Collins
Contact	1-800-536-0045, [email protected]

What the Sullivan Lawsuit Alleges Against Rhode Island Bioenergy Facility, LLC

Diann Sullivan and Steve Martone sued Rhode Island Bioenergy Facility, LLC. They allege that noxious odors from the facility invaded nearby properties. The lawsuit asserted claims for private nuisance, public nuisance and negligence.

• Private nuisance: the odors unreasonably interfered with residents’ use and enjoyment of their own homes.
• Public nuisance: the odors affected the surrounding community, not just individual households.
• Negligence: the facility failed to use reasonable care to keep odors from reaching neighbors.

The company denies all of it. Before the settlement, the Rhode Island Superior Court denied the company’s motion to dismiss, which kept the case alive. The court has made no other rulings on the claims or defenses. The settlement came after mediation and settlement talks, and it is not a finding that the allegations were proven.

Who Qualifies for the Rhode Island Bioenergy Facility Settlement

You are a class member if you owned, rented or leased any residential property located in whole or in part within 1.75 miles of the facility at 289 Scituate Avenue in Johnston at any time since January 1, 2016. The class area is shown on a map attached to the settlement agreement as Exhibit D and posted on the settlement website.

You may qualify if:

• You owned residential property inside the class area.
• You rented or leased residential property inside the class area.
• Your ownership, tenancy or lease overlapped with any part of the period since January 1, 2016.
• You no longer live there. Former owners and tenants count, as long as the property was inside the class area during the class period.

The settlement covers residential property. Living somewhere in Johnston is not enough on its own, so check your address against the official map.

Two eligibility details to check before you file

1. The distance. The court-authorized notice states the distance as one and three-quarter miles (1.75). One law firm webpage printed it as “.75,” which appears to be a typo. This article follows the notice.

2. The start date. The notice and the paper claim form use January 1, 2016. The online claim form on the law firm’s website asks whether you owned or lived at a property in the class area from October 28, 2018 to the present. These two dates do not match. If you lived or owned in the class area only before late 2018, call class counsel at 1-800-536-0045 before you submit anything. The notice is the court-authorized document and should be treated as the primary reference unless the court or class counsel clarifies otherwise.

How Much Money Will Rhode Island Bioenergy Facility Settlement Members Receive?

Nobody can say yet. The notice states that the amount each class member receives will not be known until all claim forms have been submitted and reviewed.

Here is how the cash fund works under the notice:

1. The $850,000 fund first pays court-approved attorneys’ fees and expenses, incentive awards for the named plaintiffs and administration costs.
2. What remains (the net settlement fund) is divided by the total number of addresses for which claims were filed.
3. Each approved address gets an equal share.

Because the payout is per address, more claims means a smaller share for each one. Do not assume every person in a household gets a separate full payment. We are not estimating a payment amount, because no reliable estimate is possible before the claims are counted.

Related article: Hughes Federal Credit Union $7M Repossession Class Action Settlement

Attorneys’ fees and incentive awards in the Rhode Island Bioenergy Facility Settlement

Class counsel will ask the court for fees that do not exceed one-third of the total settlement value, plus out-of-pocket expenses. They will also ask for a $2,500 incentive award for each named plaintiff. The court decides all of these amounts and can award less.

The notice does not give a dollar figure. Our arithmetic: one-third of the $1,000,000 total value is $333,333, which would leave $516,667 of the $850,000 fund before expenses, administration costs and incentive awards. If the one-third cap were measured against the $850,000 cash fund only, the ceiling would be $283,333 instead. The notice says “total Settlement value,” so we used $1,000,000. Treat both figures as our calculations, not announced amounts.

The $150,000 odor control measures

Rhode Island Bioenergy Facility, LLC agreed to spend approximately $150,000 on measures to reduce potential odors from the facility that, at the time of the settlement, no other government agency or entity specifically required. This is separate from the cash fund and is not a payment to anyone. If the settlement is finally approved, every class member benefits from these measures, including people who opt out or never file a claim. The settlement does not promise any particular result.

How to File a Claim in the Rhode Island Bioenergy Facility Settlement

Deadline: November 3, 2026, postmarked.

1. Get the form. Download the claim form from the settlement website (www.LSCCounsel.com/ribioenergy) or the class notice, or use the online form on the Liddle Sheets settlement page.
2. Fill in your details. Provide your name, mailing address, email, daytime phone number and the address of the class-area property.
3. Add photo ID. Attach a copy of a government-issued photo ID showing your identity and current address.
4. Add proof of connection to the property. Owners attach a deed or other ownership documents. Tenants attach a lease, rental agreement or other proof of occupancy. If the address on your ID differs from the claimed property, a document such as a utility bill may be needed.
5. List your dates. State the dates you owned, rented or leased the property.
6. Sign it. The form is signed under penalty of perjury. There is space for a spouse or roommate’s signature too.
7. Send it. Mail it to: Attn: Rhode Island Bioenergy Facility Claims, Liddle Sheets P.C., 975 E. Jefferson Ave., Detroit, MI 48207, or submit it online.

File one claim form per property. If you owned or rented more than one property in the class area, file a separate form for each. Send copies, not originals, because documents cannot be returned. Keep a copy of everything. Incomplete claims or missing documents can be rejected.

Your Four Options in the Rhode Island Bioenergy Facility Settlement

Option	What happens	Deadline
File a claim	The only way to receive a cash payment. You stay in the class and are bound by the release.	November 3, 2026
Do nothing	No payment. You are still bound by the settlement and give up the released claims.	None
Opt out	No payment. You are not bound and keep your right to sue the company yourself.	Postmarked by October 19, 2026
Comment or object	You stay in the class and tell the court what you think of the settlement.	Postmarked by October 19, 2026

How to opt out of the Rhode Island Bioenergy Facility Settlement

Mail a letter by first-class U.S. mail to class counsel that includes this exact statement: “I WANT TO BE EXCLUDED FROM THE SETTLEMENT IN THE RHODE ISLAND BIOENERGY FACILITY CLASS ACTION LITIGATION.” Include your full name, the address of your class-area property, your signature and the date. You cannot opt out by phone or email.

If you opt out, you get no settlement money, you cannot object, and you should not file a claim. The notice also warns that statutes of limitations may bar your individual claims, so weigh that before opting out.

How to object to the Rhode Island Bioenergy Facility Settlement

You can object only if you stay in the class. Send a written statement to class counsel that includes:

• Your legal name, current address, the class-area address, the time you owned or lived there, phone number and signature.
• The case name and number: Sullivan et al. v. Rhode Island Bioenergy Facility, LLC, Case No. PC-2024-04461.
• A detailed statement of your objections or comments and any supporting documents. You may include evidence of your class membership.
• If you want to speak at the hearing, a statement that you intend to appear. The notice gives this example: “This is my Notice of Intention to Appear in Sullivan et al. v. Rhode Island Bioenergy Facility, LLC.”

Send opt-out letters, comments and objections to: Class Counsel, Sullivan et al. v. Rhode Island Bioenergy Facility, LLC, c/o Liddle Sheets P.C., 975 E. Jefferson Ave., Detroit, MI 48207. If you do not submit a timely written objection, you waive your right to be heard at the fairness hearing. You do not have to attend the hearing for the court to consider a timely written objection.

What Class Members Give Up in the Rhode Island Bioenergy Facility Settlement

If the settlement becomes final and you did not opt out, you release Rhode Island Bioenergy Facility, LLC and related people and entities from all claims arising from or relating to any odor or other emissions from the facility through the effective date of the settlement. That applies whether you filed a claim, objected or did nothing.

Two carve-outs matter:

• Medically diagnosed personal injury. The release does not bar claims for medically diagnosed personal injuries.
• Future emissions. The release does not bar claims of any kind arising from emissions after the effective date. You can later sue over future conduct that causes future harm.

If you believe the odors made you sick, whether you have a separate claim and how long you have to bring it are questions for a licensed Rhode Island attorney, not something this article can answer.

The Law Behind the Rhode Island Bioenergy Facility Class Action

This section is background on the legal framework. It explains how this kind of case works and does not describe claims beyond what the notice states.

Class actions in Rhode Island Superior Court. Class actions in Rhode Island state court are governed by Rule 23 of the Rhode Island Superior Court Rules of Civil Procedure. Under that rule, a court must approve a class settlement after notice to class members. That is why this settlement is “proposed” and why a fairness hearing is scheduled. At the hearing, the court decides whether the settlement is fair, reasonable and adequate, hears any objections and decides the amount of attorneys’ fees, expenses and incentive awards.

Private nuisance. A private nuisance claim covers an unreasonable interference with a person’s use and enjoyment of their own land. Persistent odors that reach neighboring homes are a common basis for these claims. The plaintiffs here brought the claim on behalf of residents within the class area.

Public nuisance. A public nuisance claim concerns interference with a right shared by the community at large rather than harm to one property owner. It is a separate theory from private nuisance, and it was asserted here alongside it.

Negligence. A negligence claim asks whether the defendant failed to use reasonable care and whether that failure caused harm. Here the plaintiffs alleged the facility’s conduct allowed noxious odors to reach nearby properties.

Environmental and air-quality regulation. Facilities in Rhode Island that emit air pollutants are regulated by the state’s air pollution laws, which are codified in Chapter 23-23 of the Rhode Island General Laws and administered by the Rhode Island Department of Environmental Management. The settlement notice says the $150,000 in odor control measures covers measures that were not otherwise specifically required by any other governmental agency or entity at the time of settlement. That means the improvements go beyond what regulators were already requiring. The notice does not say the facility violated any environmental permit or regulation.

Statutes of limitations. The notice warns that statutes of limitations may bar individual claims for people who opt out. Time limits for property and personal injury claims differ, and they can be affected by when a claim began. If you are thinking about opting out or about a personal injury claim, speak to a licensed attorney promptly.

Taxes. Settlement payments may have tax consequences depending on your situation. A tax professional can tell you whether a payment is taxable for you.

For another example of a nuisance case involving odors and nearby residents, read our article Middle Point Landfill Class Action Lawsuit 2026: What Residents Need To Know. That case is separate and has different defendants, claims and status.

When Will Rhode Island Bioenergy Facility Settlement Payments Be Sent?

No payment date has been set. The court will hold the fairness hearing on November 4, 2026 at 10:30 a.m. at the Frank J. Licht Judicial Complex, 250 Benefit Street, Providence, though the court may hold it by phone or video. If the court approves the settlement, class counsel begins reviewing claim forms. An appeal of the approval order could delay payments. The hearing date is not a promise that checks go out that day. Watch the settlement website for updates after the hearing.

Key Dates in the Rhode Island Bioenergy Facility Settlement

Date	Event
January 1, 2016	Start of the class period in the court-authorized notice
October 19, 2026	Opt-out and objection deadline (postmarked)
November 3, 2026	Claim deadline (postmarked)
November 4, 2026, 10:30 a.m.	Fairness hearing, Providence

The copy of the notice we reviewed leaves its deadline and hearing blanks unfilled. The dates above come from class counsel’s settlement page. Confirm them on the official settlement website before you act.

Rhode Island Bioenergy Facility Settlement Contact Information

• Settlement website: www.LSCCounsel.com/ribioenergy
• Phone: 1-800-536-0045
• Email: [email protected]
• Mail: Liddle Sheets P.C., Attn: Rhode Island Bioenergy Facility Settlement, 975 E. Jefferson Ave., Detroit, MI 48207

The notice says not to call or write to the facility or the court clerk. The clerk cannot answer questions about the lawsuit or the settlement.

Frequently Asked Questions About the Rhode Island Bioenergy Facility Settlement

Who qualifies for the Rhode Island Bioenergy Facility settlement?

Anyone who owned, rented or leased residential property in whole or in part within 1.75 miles of the facility at 289 Scituate Avenue, Johnston, at any time since January 1, 2016. The official class-area map controls.

How much will I get from the Rhode Island Bioenergy Facility settlement?

No one knows yet. The $850,000 fund, minus fees, expenses, administration costs and incentive awards, is divided by the number of addresses with approved claims.

What is the deadline to file a claim in the Rhode Island Bioenergy Facility settlement?

November 3, 2026, postmarked.

What is the deadline to opt out of the Rhode Island Bioenergy Facility settlement?

October 19, 2026, postmarked. You cannot opt out by phone or email.

Do I need proof to file a Rhode Island Bioenergy Facility settlement claim?

Yes. You need a government-issued photo ID and proof you owned or rented the property, such as a deed, lease, rental agreement or utility bill.

I moved away. Can I still file a Rhode Island Bioenergy Facility settlement claim?

Yes, if you owned or rented a home in the class area at any time during the class period. You list the dates on the form.

Can renters file a Rhode Island Bioenergy Facility settlement claim?

Yes. Tenants submit a lease, rental agreement or other proof of occupancy.

Does the Rhode Island Bioenergy Facility settlement cover health problems?

The release does not bar claims for medically diagnosed personal injuries. Speak to a licensed attorney about any such claim.

What happens if I do nothing in the Rhode Island Bioenergy Facility settlement?

You receive no money but are still bound by the settlement and give up the released claims, if the court approves it.

Will the odors stop after the Rhode Island Bioenergy Facility settlement?

The company agreed to spend about $150,000 on odor control measures. The settlement does not promise any particular result.

Is the Rhode Island Bioenergy Facility settlement final?

No. The court has preliminarily approved it. Final approval will be considered at the November 4, 2026 fairness hearing.

Sources

1. Notice of Proposed Class Action Settlement, Sullivan et al. v. Rhode Island Bioenergy Facility, LLC, Case No. PC-2024-04461 (Exhibit B): https://lsclassaction.com/wp-content/uploads/2026/10/Ex.-B-Class-Notice.pdf
2. Settlement Claim Form (Exhibit C): https://lsclassaction.com/wp-content/uploads/2026/10/Ex.-C-Claim-Form.pdf
3. Liddle Sheets P.C., Rhode Island Resource Recovery Class Action Settlement page: https://lsclassaction.com/settlements/rhode-island-resource-recovery-class-action-settlement/

This article is general information, not legal advice. The settlement is proposed and subject to final court approval. Rhode Island Bioenergy Facility, LLC denies liability, and the court has not ruled that the allegations were proven.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the official Notice, Settlement Claim Form and settlement page run by class counsel (Liddle Sheets P.C., lsclassaction.com), as of October 14, 2026. Last Updated: October 14, 2026.