Solid Waste
Selected Cases

Centerville's Concerned Citizens v. Town Board of the Town of Centerville, No. CA-08-00282 (Supreme Ct. Appellate Division, Fourth Dept.) (representing petitioner in opposition to local law regulating industrial wind farms, alleging failure to take "hard look" at impacts). --more information

Concerned Citizens of Cattaraugus Co., Inc. et al. v. City of Olean et al., No. CA-07-02597 (Supreme Ct. Appellate Division, Fourth Dept.) (representing petitioner in opposition to zoning and planning board approvals of a gravel mine) --more information

In the Matter of Waste Management of New York, LLC, application to NYS Dept. of Environmental Conservation to expand landfill (representing Concerned Citizens of Sardinia, proposed intervenor party in DEC review of proposal to add a new landfill to an existing landfill); related action, Concerned Citizens of Sardinia v. Town of Sardinia, No. I-2006-6472 (Erie Co. Supreme Ct.), complaint filed July 13, 2006 (alleging failure to provide required notice, referral and illegal contract zoning to facilitate landfill expansion).

Coon et al. v. Willet Dairy et al., No. 02-CV-1195 FJS(GJD); and Mather v. Willet Dairy et al., No. 04-CV-917 (FJS/GJD)  (citizen suit against 7,600-head factory farm (CAFO), N.D.N.Y. decision 2007, appeal pending in U.S. Court of Appeals, 2nd Cir. --related information

In the Matter of Sullivan Co. Landfill, application to NYS Dept. of Environmental Conservation to expand landfill (currently representing Concerned Citizens of Sullivan County, proposed intervenor party in DEC review of proposal to add a new landfill to an existing landfill; 2003-2005, represented Special Protection of the Environment of the County of Sullivan, Inc., intervenor party in DEC review of proposal to expand existing landfill).

In the Matter of Integrated Waste Systems, Inc., application to NYS Dept. of Environmental Conservation for permits to construct and operate new regional landfill (representing Concerned Citizens of Cattaraugus County, Inc., proposed intervenor party in DEC review of draft solid waste, air and water discharge permits).--background information

Stop Polluting Orleans County, Inc. and Citizens' Environmental Coalition, Inc. v. Erin Crotty, Commissioner, New York State Department of Environmental Conservation and Waste Management of New York, LLC, Index No. 348803 (Article 78 petition in Albany Co. Sup. Ct.; decision annulling Commissioner Crotty's decision, May 17, 2004) --background information

In the Matter of Al Turi Landfill, Inc., Petition to U.S.E.P.A. Requesting the Administrator Object to the Title V Permit for Al Turi Landfill (filed Oct. 8, 2002; EPA ordered DEC to reopen and revise the permit) (representing Citizens Who Care, Inc.) --background information

Sheridan et al. v.Waste Management of New York, LLC , Index No. 02-CV-0645 (citizen suit, W.D.N.Y. filed Sept. 5, 2002; settled Jan., 2004) --background information

In the Matter of Waste Management of New York, LLC, Petition to to U.S.E.P.A. Requesting the Administrator Object to the Title V Permit for Chaffee Landfill (filed July 30, 2002; EPA ordered DEC to reopen and revise the permit) (representing same plaintiffs as in Sheridan v. WMNY) --background information

Allegheny River Trail Protection Assn. v. City of Olean and Benderson Development Co., Index No. 67624 (Cattaraugus Co., filed June 23, 2003) (Article 78 petition and temporary restraining order to stop illegal timber harvesting, withdrawn by stipulation after City issued stop work order)

In the Matter of Al Turi Landfill, Inc., application to NYS Dept. of Environmental Conservation for a renewal permit for Al Turi Landfill (representing Citizens Who Care, Inc.) (application withdrawn June 25, 2003, landfill closed) --background information


Environmental Justice
President Clinton's Executive Order on Environmental Justice (1997)

Review of Christopher Foreman, Jr., The Promise and Peril of Environmental Justice (1998)

Concepts of Community in Environmental Disputes: Farmersville and Western New York's Garbage War (1999)

The Market for Environmental Justice (2000)

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Gary A. Abraham, Attorney at Law
Private public interest law
specializing in environmental and land use regulation and enforcement
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updated 3/12/2008
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