Limits on Landfills, NC
SELC Defends Law That Protects Sensitive Resources, Special Places
Court Upholds N.C. Law Limiting Location and Size of Landfills
The North Carolina Court of Appeals this week ruled that a 2007 law enacted by the N.C. General Assembly, which put limitations on the location and size of landfills, does not discriminate against out-of-state waste. Read more in the press release.
Case Summary
In 2007, SELC helped convince North Carolina legislators to pass the Solid Waste Management Act, the most important overhaul of the state’s solid waste laws in two decades. The statute
- places reasonable limits on the size of new landfills;
- provides protections for scenic rivers, critical fisheries, sensitive wetlands, and endangered species; and
- shields minority communities from the negative impacts of waste disposal sites.
The law also safeguards public lands by prohibiting the construction of landfills within two miles of the outermost boundary of a state park and within five miles of the outermost boundary of a national wildlife refuge.
Protections Under Attack
SELC is in court to protect this law, which is under legal attack from companies that want to build a mega-landfill in coastal Camden County near Dismal Swamp State Park and the Great Dismal Swamp National Wildlife Refuge—places renowned for their wetland forests. In their lawsuit, Waste Industries USA and its subsidiary, Black Bear Disposal, are seeking to overturn the entire statute, not just the provisions in the law that stand in the way of their plans. If they are successful, some of the most valuable coastal resources in the Southeast will be in jeopardy.
SELC Enters the Suit
Wake County Superior Court has granted SELC permission to enter the suit and to defend the Solid Waste Management Act. By upholding this law, which we and our allies worked hard to pass, we will help prevent oversized and inappropriately sited landfills from threatening North Carolina’s coasts, wetlands, and other ecological treasures.