ROCHESTER, N.Y. (Legal Newsline) – A nonprofit and several residents of three New York towns have filed a suit against the owner of a New York landfill over allegations the odors from the site are disrupting the enjoyment of their property.
Fresh Air for the Eastside Inc., et al. filed a complaint on Aug. 14 in the U.S. District Court for the Western District of New York against Waste Management of New York LLC over alleged violation of the Resource Conservation and Recovery Act and Clean Air Act.
According to the complaint, the plaintiffs allege that the High Acres Landfill near the towns of Perinton and Macedon in New York, which is owned by the defendant, omits persistent, noxious and offensive odors of garbage and landfill gas. They allege these odors are caused by the defendant's negligence to adequately install and maintain a landfill gas collection system and its negligent management of large volumes of municipal solid waste.
The plaintiffs allege the odors interfere with the comfortable enjoyment of life and property.
The plaintiffs hold Waste Management of New York LLC responsible because the defendant allegedly is violating its solid waste management facility permit and Clean Air Act permit.
The plaintiffs seek declaratory and injunctive relief, award of money damages, exemplary and punitive damages, costs of litigation, and all other relief that the court deems just and proper. They are represented by Linda R. Shaw, Dwight E. Kanyuck and Mellisa M. Valle of Knauf Shaw LLP in Rochester, New York.
U.S. District Court for the Western District of New York case number 6:18-cv-06588-MAT