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Groups seeking to close the Seneca Meadows landfill were dealt another blow recently. A New York appellate court ruled that a local law forcing its closure was invalid.
Climate activists say this latest court decision is not a death knell for their efforts. However, they believe that the future of the landfill ultimately is in the hands of the governor and the state’s environmental regulators.
“You know, people have been fighting this landfill for as long as I can remember. (This decision) just one more bump in the road along the way in the process,” says Yvonne Taylor, co-founder and vice president of Seneca Lake Guardian. “This process that the landfill is undergoing, in terms of trying to expand, has always been in the purview of Gov. (Kathy) Hochul and her Department of Environmental Conservation. So, regardless of what happens with (Local Law 3-2016), you know, the ultimate decision is still with the governor.”
Local Law 3, passed by the Seneca Falls town board in 2016, mandated the closure of the landfill by the end of 2025. The most recent court decision struck down the law on the grounds that the board did not thoroughly examine environmental impacts.
“I find it rather ironic that that’s how the case was dismissed,” Taylor says. “The landfill decided what was going to be their strong point in the legal case was to claim that the town itself didn’t do a thorough enough environmental review before they adopted this local law.
“But that’s how the legal system works, right? You pay high-paid lawyers to find some kind of legal loophole or hook that you think you’re going to win on, and you go with it.”
Seneca Meadows has recently received increased attention as it nears its capacity limit, which would signal immediate closure if reached. It did not respond to the Beacon’s request for comment.
Seneca Lake Guardian believes that the landfill is deliberately accepting less refuse than usual and digging into its own site for more space to stave off that fate for as long as possible. The group also says that the DEC is not doing any independent monitoring of the landfill capacity and instead is relying on Seneca Meadow’s own reporting.
“It’s just like the fox guarding the henhouse in that case,” Taylor says. “At this point, the landfill is going to be full before they get any extension permits, is my guess. And that is really unprecedented.”
When the Beacon reached out to DEC officials for comment on monitoring the site, this was their response:
“The (DEC) requires Seneca Meadows, Inc. to report remaining landfill capacity and waste acceptance rates on a monthly and annual basis. DEC tracks landfill capacity by reviewing these documents. DEC’s on-site landfill monitors closely inspect landfill operations including waste hauling vehicles, waste placement, daily and intermediate cover, and compliance with permit conditions in place to protect public health and the environment.”
Seneca Meadows launched its extension plan, the Valley Infill Project, about three years ago. The expansion would add 47 acres to the landfill and increase its height by 70 feet by digging into the Tantalo Landfill, a former superfund site. Its status is currently in limbo as DEC has not yet deemed the final draft environmental impact statement complete.
While the recent ruling on Local Law 3 was notable, the Valley Infill Project is the key issue, in the view of Seneca Lake Guardian. The next big event in the Valley Infill Project is a public comment session, which the environmental group says will require lots of participation to make an impact.
The group’s focus is mainly on Hochul and the DEC, whom they say “hold all the cards.” Taylor is personally baffled by Hochul’s recent actions, however, which include efforts to roll back elements of New York’s 2019 climate law.
“I think we’re all in the same boat because she’s been very vague about her reasoning. Even state legislators are saying, ‘Help us understand what you’re doing here. We’re willing to work with you if you give us some logical reasons why changing the law would make sense.’ But so far she’s given really ridiculous reasoning,” Taylor says. “It’s anybody’s guess what the governor is going to do.”
Jacob Schermerhorn is a Rochester Beacon contributing writer and data journalist.
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I find it ironic that a group which says it’s concerned about the environment is upset when a court ruling says that the town failed to comply with environmental law. That was obvious to anyone who paid attention to what happened that night. A town board member brings in a local law drafted by a private attorney and moves its approval. No review by the town attorney, and no serious effort to comply with SEQR.
There also was another issue which could have been litigated. What gives the town board the power to shut down a business that’s fully compliant with the law? People have tried that with sex shops and been told that’s illegal.
Seems obvious to me. The region has lost population and industry. Thus its lost some political clout. The Gov understands the trash has to go somewhere. Another landfill closing would have to result in increased trash pick-up fees to residents. THAT will get people’s attention and ire, (especially in this “affordability” conscious environment). So, why not continue to send trash to a area that probably can’t electorally hurt you?
People who have been trying to tell Seneca Falls what they should do about the landfill often exhibit a patronizing view of the situation. Regardless of what you are assuming, there are people in Seneca Falls who don’t want to see the landfill close, and aren’t asking people from other areas to tell them what to think.