Waste Management sued for landfill mismanagement under New York’s Green Amendment

Waste Management, Houston, is facing legal issues in Rochester, New York, after activists filed a lawsuit alleging landfill mismanagement. The lawsuit, filed by Fresh Air For the Eastside (FAFE), cites odor complaints and alleged methane gas leaks as the reason for the complaint.

This is the first lawsuit using the state's recently passed Green Amendment, which was approved last November and recently became law. The amendment states that people have the constitutional right to pure water, clean air, a stable climate and healthy environments.

According to the lawsuit, FAFE is suing Waste Management and the state Department of Environmental Conservation to force the closure of a 300-acre landfill split across Perinton and Macedon, two suburbs of Rochester.

FAFE already has sued in state and federal court but resolutions to those cases have been slow in coming. The federal case is still in discovery, despite being filed two years ago, according to the Times Union.

“Hopefully [this lawsuit] will make [the discovery period] go a little faster,” Linda Shaw, the attorney representing FAFE in the new lawsuit, told the Times Union.

FAFE did not respond to requests for comment from Recycling Today.

Residents have complained about noxious odors and greenhouse gas emissions coming from the landfill for some time. In 2018, a class-action lawsuit was filed against the company by residents living 2.5 miles or closer to the landfill but was settled in 2020.

“Waste Management is committed to addressing any open issues and bringing these cases to a satisfactory conclusion for all interested parties,” the company says in a statement. 

The company adds that Perinton and Macedon unanimously approved new five-year operating permits and host community agreements.