Legal Update - December 2019
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Neither New York City (NYC) or Waste Management of NY (WMNY) appealed Judge Wolford’s September decision
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9/17/2019 FAFE Statement to the Media
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Despite a lack of support from county, town or state leadership, Fresh Air for the Eastside, Inc. (FAFE) and more than 220 individual residents of Fairport, Macedon and the surrounding areas, through their attorneys Knauf Shaw LLP, have been granted the ability to pursue both Waste Management of New York (WMNY) and New York City (NYC) under violations of RCRA and the Clean Air Act, as well as several tort actions including public nuisance, negligence and even gross negligence.
WM Fails to get FAFE Case Thrown Out
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Judge Wolford provided her response to WM/NYC’s motion to dismiss FAFE’s complaint. In her response, she denied the motion on all but two claims. In other words, FAFE will have our day in court.
Read MoreFAFE Court Update
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On Wednesday afternoon, Judge Wolford heard testimony from both Waste Management and New York City on why they believe Fresh Air for the Eastside’s case should be dismissed. In January of this year, WM filed a motion to dismiss the case, and NYC followed suit with their own motion in February. Their requests to dismiss are in direct response to FAFE’s complaint against both WM and NYC for the ongoing odor nuisance faced by our community. This oral argument provided all three parties, and the legal team for an additional class-action lawsuit, to argue their cases in front of Judge Wolford.
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