Appellate Division Upholds Waste Equity Law in Victory to NYLPI Client Communities

December 22, 2020

Environmental Justice, Legislative, Media Coverage, News, Transform Don't Trash NYC, Waste Equity

Image shows comingled recycling and trash in the back of a New York garbage truck

Following an amicus brief submitted by NYLPI on behalf of impacted community members, Local Law 152, or the Waste Equity Law, was upheld in a decision by the state Appellate Division, following a second round of solid waste industry pushback. The Waste Equity Law, requiring the Department of Sanitation to reduce the permitted capacity of putrescible and non-putrescible transfer stations in four designated community districts, was challenged by the National Waste & Recycling Association. The New York State Supreme Court dismissed the challenge. The National Waste & Recycling Association then brought an appeal challenging the lower court’s decision to uphold the law, and the Appellate Division upheld it, finding that the city conducted a proper environmental review and that the capacity reduction did not violate constitutional rights.

In its first year, the Waste Equity Law achieved a reduction of over 10,000 tons of waste processing capacity in overburdened New York City districts.

The City covered the the Appellate Division’s decision.

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