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Fresh Air for the Eastside Inc. v. Waste Management of New York LLC

Private Nuisance, Teespas Claims Only Dismissed in CAA, RCRA Suit Over Landfill

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DECISION AND ORDER INTRODUCTION Plaintiff Fresh Air for the Eastside, Inc. (“FAFE”) and over 220 individual plaintiffs (collectively, “Plaintiffs”) filed this action against Waste Management of New York, LLC (“WMNY”) and New York City (“NYC”) (collectively, “Defendants”) alleging violations of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (“RCRA”), the Clean Air Act, 42 U.S.C. §7401 et seq. (the “CAA”), and various common law obligations arising from WMNY’s operation of the High Acres Landfill and Recycling Center (the “Landfill”) in Perinton, New York, and NYC’s agreement with WMNY (the “NYC Contract”) to ship hundreds of thousands of tons of municipal solid waste (“MSW”) to the Landfill each year for thirty years. (Dkt. 15). Presently before the Court are WMNY’s motion to dismiss the Complaint (Dkt. 9), WMNY’s motion to dismiss the Amended Complaint (Dkt. 22), and NYC’s motion to dismiss (Dkt. 27). For the following reasons, WMNY’s motion to dismiss the Complaint is dismissed as moot, WMNY’s motion to dismiss the Amended Complaint is granted as to the private nuisance and trespass claims but it is otherwise denied, and NYC’s motion to dismiss is denied. BACKGROUND¹ FAFE is a not-for-profit corporation organized “to preserve and protect the environment for the benefit of the residents living in proximity to the Landfill[.]” (Dkt. 15 at

15-16). Plaintiffs include just over 220 individual residents and members of FAFE, who live between 0.3 to 4 miles from the Landfill. (See id. at

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