A group fighting for fresh air and quality of life

Residents of Perinton, New York began to smell the smell of the High Acres landfill up to five times a week, and were also unaware of the potential impact this situation could have on their Cheers. The stench has spread up to six miles away, also affecting surrounding towns such as Macedon, Gananda, Walworth and Penfield.

To protect their right to fresh air and quality of life, they organized and the grupo Fresh Air for the Eastside who has been fighting for several years for that goal and filed a lawsuit together with the residents of Perinton and Macedon against the landfill.

It was claimed that pests, leakage of emissions, noise and climate change effects arising from the operation of the landfill violated the environmental rights of the owners and occupiers of nearby properties.

The landfill is located between the eastern edge of Monroe County in the city of Perinton and the western edge of Wayne County in the City of Macedon, it covers 366 acres and was built in 1971.

Waste Management of New York, LLC, the owner and operator of the landfill, ensures that the facility designed with environmental protection systems which “meets or exceeds strict government regulations and is subject to highly regulated audit and reporting requirements.”

Systems include liners and casings, wastewater collection and disposal, and landfill gas collection and control. “Hazardous materials will not be accepted in the landfill,” its website details.

The request for Fresh Air for the Eastside was presented in 2022 based on New York’s environmental rights constitutional amendment known as the “Green Amendment,” which includes the right to clean air, water, and a “healthy environment” and was approved by 70 percent of New Yorkers in November 2021.

The defendants were the state of New York, the state Department of Environmental Conservation, the City of New York and Waste Management of New York, LLC, according to the court document in the case.

Fresh Air for the Eastside asked the court to require the state to close the landfill immediately or order the state and Waste Management to take immediate steps to reduce emissions.

A judge that same year issued a ruling dismissing the lawsuit against the city and the landfill owner and allowing a lawsuit against the state. But an appeals court overturned that decision and dismissed Fresh Air for the East Side trial at the end of July 2024.

The court said that the Green Change cannot be used require courts to order state agencies to take specific enforcement actions. Instead, legal precedent says agencies retain their enforcement discretion, WAMC Northeast Public Radio reported.

Attorney Alan Knauf, who represents Fresh Air For the Eastside, told the outlet that the decision was disappointing for the group, but they plan to appeal.

The court also ruled that the Green Amendment cannot be used to sue private entities because constitutional rights only govern government action.

Health effects of landfills

Gases from landfills can move through the ground and accumulate in nearby buildings, and experts warn that ammonia, sulfides, methane and carbon dioxide are the ones that cause the most concern.

Short-term exposure can cause high levels of ammonia and sulfur in the air cause coughing, irritate eyes, nose and throat, cause headachecausing nausea and respiratory problems, the New York State Department of Health pointed out.

Regarding greenhouse gases from waste, the World Bank warns that they are a fundamental factor contributing to climate change. It is expected that by 2050 the world will generate 3.4 billion tons of waste per year compared to the current 2.01 billion tons, he said in his report.Say waste 2.0: A global picture of solid waste management to 2050“.

Officials said that if people suspect that landfill gases are entering their home, they should contact the regional office of the New York State Department of Environmental Conservation.

Measures to help prevent landfill gases from entering a building include minimizing entry points and ensuring adequate ventilation. Landfill gas entry points can be reduced by eliminating cracks and voids in the basement through caulking and sealing.