By Jeremy Scott | October 16, 2026
What other legal tools could help protect residents near Heart of Florida Landfill?
Today, I sent two emails to Sumter County. One asks commissioners to direct a review of available legal remedies. The other requests records about the county’s consideration of injunctive relief and other options.
These requests do not claim that another lawsuit is required or that the county’s current case will fail. They ask what options have been considered, what evidence is needed, and what happens next.
What I asked the board to do
I asked all five commissioners to direct the County Attorney to conduct—or update—a review of potentially available remedies under state and federal law.
That includes the Resource Conservation and Recovery Act, known as RCRA, a federal law dealing with waste.
The request asks counsel to examine:
- Whether additional legal remedies could provide enforceable protections.
- How existing permits, enforcement actions, and lawsuits affect those options.
- Whether more evidence or specialized environmental counsel is needed.
- What concerns the county’s current action may leave unresolved.
- What court ruling or other milestone should lead the board to consider further steps.
Reviewing an option does not commit the county to filing another lawsuit. It helps the board prepare to make an informed decision.
Why a Texas landfill case matters
Harris County, Texas, has pursued a federal RCRA case involving Hawthorn Park Landfill.
That is a different landfill, operated by a different company. Its circumstances do not establish anything about conditions at Heart of Florida. The Texas case also does not prove that a similar claim would succeed here.
It does provide a concrete legal approach for Sumter County’s attorney to examine.
Read the earlier OurSumter report:
Texas County Files Federal Landfill Lawsuit: Could Sumter Use the Same Law?
What about Bushnell and FDEP?
In earlier correspondence, County Administrator Bradley Arnold explained that Bushnell has its own land-use authority and that Bushnell and the Florida Department of Environmental Protection regulate the landfill through their permits.
Those responsibilities matter.
My new request asks a separate question: What legal remedies may be available to Sumter County alongside that regulatory oversight?
I asked the board to have counsel identify both its lawful options and the limits on those options.
What records I requested
The second email supplements a public-records request I submitted on September 22.
It seeks existing records from April 1 through October 16, 2026, including:
- Written recommendations to pursue injunctive relief.
- Factual reports and other documents cited or attached to those recommendations, demand correspondence, or court filings.
- Records showing consideration of alternative or additional remedies, including RCRA.
- Board materials and directions authorizing legal action or further review.
The request includes responsive public records held by The Hogan Law Firm on the county’s behalf.
Some records may qualify for a legal exemption while litigation is pending. I asked the county to identify any exemption it uses and release the portions that can be disclosed.
I also asked it to avoid duplicate searches and charges for records covered by earlier requests.
What I want to see happen
My goal is lasting odor relief, protection of air and water, clear deadlines for required fixes, and verification that those fixes work.
The appropriate legal remedies should follow the evidence and the law.
I asked the county to confirm whether a broader review has already been authorized or completed. If it has not, I asked whether the request will be presented to the board.
I also requested a public update on the review and next steps, while recognizing that confidential legal advice and litigation strategy may need to remain protected.
Both emails were sent on October 16. Sending a request does not mean the board has authorized it. I will report the county’s response when it arrives.
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