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Limits on Landfills, NC

SELC Defends Law That Protects Sensitive Resources, Special Places

The Latest News

10/20/10

SELC Keeps Lid on Mega-Landfills

SELC has successfully defended a law we helped pass that prevents oversized and inappropriately sited landfills from threatening North Carolina’s coasts, wetlands, wildlife, and other natural treasures.

Waste Industries USA, which wants to build a mega-landfill in coastal Camden County, filed suit challenging the constitutionality of the Solid Waste Management Act of 2007. The law places a cap on the size of new landfills and prohibits their construction within two miles of a state park and within five miles of a national wildlife refuge.

SELC entered the suit last spring to defend the law and secured a ruling on September 13 in Wake County Superior Court that keeps the statute intact.

By defeating the challenge and by preparing to defend this law in the appeals process, we are, preventing Waste Industries from building a landfill that would be too big and too close to the Dismal Swamp State Park and the Great Dismal Swamp National Wildlife Refuge—places renowned for their wetland forests and other ecological riches.  

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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.

Filed Under

Coast & Wetlands

This Case Affects

North Carolina

Attorneys on Case

Chandra Taylor

.