Legal Update - December 2019

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Lawsuit Status:

  • Neither New York City (NYC) or Waste Management of New York (WMNY) appealed Judge Wolford’s September decision

    • Notable: WMNY denied all of the allegations in paragraphs 24 to 32 of the Complaint where FAFE alleges how we have been impacted by the odors/gases. (NYC, however, denies sufficient information as to these claims.)

  • Both NYC and WM answered the Amended Complaint on 10/19/2019.

  • NYC hired a new attorney, Ron Hull, since WMNY and NYC’s interests are not aligned. WMNY however, has to pay for this attorney. In the response to FAFE's amended complaint, the City's new counsel, denied just about everything and claims FAFE was argumentative even for documents that we quoted.

Another landfill in the news:

This past month, a landfill case in New Jersey has sparked FAFE’s interest.  In this instance, a judge closed down the landfill due hydrogen sulfide gas emission rates above the states’ standards. We are tracking this case closely to use in our summary judgement motion.

But what does all this mean?

It means that since WMNY and NYC are not trying to appeal the current decision by Judge Wolford on their motions to dismiss, the case is going forward. 

FAFE’s next legal step will be a summary judgment motion to confirm liability. If we win that motion, the only thing left in the case is what recovery FAFE members would get.

Okay, what is FAFE doing next?

  1. Request new FOILs to get the most recent documents from DEC and the ToP, including but not limited to, emails related to all issues that have caused odors and the tremors in the last several months.

  2. Begin the research necessary to prepare a summary judgment motion on liability for several of the claims.

  3. Reach out and secure expert witnesses.  Currently there have been several individuals identified which we feel will dramatically help our case by solidifying our nuisance and permit violation claims.

So…how do I help?

Donate. At this time, we are facing a renewed need for funding to go towards the required expert witnesses and continued legal expenses.

Donate Today!

Please remember, this is simply a snapshot in time. If you would like additional information, we encourage you to reach out to us via the contact page.