WM Fails to get FAFE Case Thrown Out

It is an exciting day to be part of FAFE, Inc.


Judge Wolford provided her response to WM/NYC’s motion to dismiss FAFE’s complaint. In her response, she denied the motion on all but two claims. In other words, FAFE will have our day in court.

The two claims that were dismissed are as follows;

  1. Private nuisance: Instead of allowing private nuisance, the judge is allowing the public nuisance claim to move forward due to the far reaching impacts

  2. Trespass: Trespass was dismissed because the law only applies to physical trespass, which courts have not determined happens due to odors.

Judge Wolford upheld our ability to now pursue both WM and NYC under two federal statutes in federal court;

  1. Resource Conservation and Recovery Act (RCRA): enacted in 1976, this is the principal federal law in the United States governing the disposal of solid and hazardous waste

    • The act set national goals for:

      • Protecting human health and the natural environment from the potential hazards of waste disposal

      • Energy conservation and natural resources

      • Reducing the amount of waste generated, through source reduction and recycling.

  2. The Clean Air Act (CAA): A federal law designed to control air pollution on a national level.

    • Under the Clean Air Act, the Environmental Protection Agency (EPA) is required to regulate emission of pollutants that "endanger public health and welfare."

    • State and local governments also monitor and enforce Clean Air Act regulations, with oversight by the EPA.

Additionally, FAFE will be able to hold WM and NYC accountable for a number of tort actions including public nuisance, negligence and gross negligence.

While we are thrilled and relieved to see this case move forward, FAFE will not let up until we have reached our goals.

  • Permanent cap and closure of the Perinton side of the landfill

  • Reduced intake from 3,500 tons per day to 1,750 tons per day to eliminate NYC intake

  • Reduced height for the Macedon expansion, to keep the elevation consistent with the Perinton cells of the landfill