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Fresh Air for the Eastside Inc. v. Waste Mgmt. of N.Y. LLC

Actions Against Landfills' Operator Are Denied Consolidation for Discovery Purposes

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DECISION AND ORDER   Pedersen, M.J. Plaintiffs Fresh Air for the Eastside, Inc. (“FAFE”) and over two hundred other Plaintiffs (hereinafter, collectively, “Plaintiffs”) filed an Amended Complaint alleging eight causes of action against Waste Management of New York (hereinafter “WMNY”) and the City of New York as follows: (1) Under the Clean Air Act §304(A)(1) for current and repeated violations of Title v. Permit against WMNY; (2) Under the Resource Conservation and Recovery Act (hereinafter “RCRA”) §7002(A)(1) for continuing violation of RCRA standards against WMNY; (3) Under RCRA §7002(A)(1)(B) for an imminent and substantial endangerment against WMNY and NYC; (4) public nuisance against WMNY; (5) private nuisance against WMNY; (6) negligence and gross negligence against WMNY; (7) trespass against WMNY; and (8) public nuisance against NYC. (Am. Compl., Dec. 7, 2018, ECF No. 15.)1 Some claims asserted by Plaintiffs are quite technical, such as, for example, their claims under the RCRA (Id. at

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