PERINTON, N.Y. — Eight years after around 200 people filed a lawsuit over the odors coming from High Acres Landfill in Perinton, a judge has denied some claims while allowing others to move forward.
For years, News10NBC has covered residents’ complaints of smelling methane gas from the landfill. In the lawsuit, the group Fresh Air for the Eastside, Inc. and residents claim that the landfill violates the Resource Conservation and Recovery Act, the Clean Air Act, and several other state laws. The group is suing both Waste Management of New York and New York City, which sends “hundreds of thousands of tons of” its solid waste to the landfill.
The judge also denied New York City’s request to dismiss the case against it. The city argued that the lawsuits’ demand for it to pay money in damages should be dismissed, because the plaintiffs didn’t properly file a notice of claim.
Breakdown of the ruling
A U.S. District Court judge ruled that plaintiffs’ notice of intent to sue was enough for some Clean Air Act and Resource Conservation and Recovery Act claims, but not for others. Here’s the breakdown:
For the first claim alleging air permit violations, the judge dismissed the individual plaintiffs’ claims only. For the second claim alleging violations of federal and state regulations, the judge dismissed the individual plaintiffs’ claims only. She also dismissed claims of noise and personnel training violations. For the third claim, alleging excessive emissions of chemicals including VOCs, HAPs, and odorous reduced sulfur compounds, the judge dismissed the claim in its entirety. She said the notice of intent didn’t provide sufficient information about the alleged violations.For New York City’s request to dismiss, the judge denied it because the plaintiffs are seeking only “equitable relief,” meaning their claim doesn’t require service of a notice of claim. The city filed the request in March of 2025.
“Plaintiffs have not pled that they have served a Notice of Claim. However, plaintiffs ask only for ‘an injunction directing NYC to abate the Garbage Orders’,” the judge wrote.
You can read Judge Meredith Vacca’s full ruling here:
Judge Meredith Vacca’s ruling on High Acres Landfill caseDownloadSome parts of lawsuit over High Acres Landfill odors move forward, others dismissed WHEC.com.
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