Split Decision in Romulus, N.Y., Circular enerG WTE Suit

In a split decision, a New York State Supreme Court judge ruled both in favor of and against the town of Romulus and Circular enerG, which has proposed to build a waste-to-energy (WTE) plant on former Seneca Army Depot land.

Circular enerG is proposing to build a $365 million WTE facility in Romulus, N.Y., between lakes Seneca and Cayuga. The facility would burn up to 2,640 tons of waste per day and draw 445,000 gallons of water a day from Seneca Lake.

According to a Finger Lakes Time report, Judge Daniel Doyle ruled in favor of the town in its move to dismiss a Circular enerG lawsuit on the grounds that the court lacks subject matter jurisdiction while upholding nine of 11 causes of action in the company’s lawsuit against the town. The judge also ruled that Seneca Lake Guardian could not be an intervenor in the lawsuit, noted the report.

In March, the New York State Assembly passed a bill preventing the construction of new trash incinerators in the Romulus region. Rochester-based Circular enerG LLC, joined by Seneca Depot LLC, owner of the 48-acre parcel where the proposed incinerator would be built, filed a lawsuit against the town, the town Zoning Board of Appeals and interested parties, according to the report.

Finger Lakes Times has more information:

Call it a split decision.

In long-awaited rulings, State Supreme Court Judge Daniel Doyle decided both for and against the town of Romulus and Circular enerG, sponsor of a proposed trash-burning, electricity-generating incinerator on former Seneca Army Depot land.

He ruled for the town in its move to dismiss a Circular enerG lawsuit on the grounds that the court lacks subject matter jurisdiction while upholding nine of 11 causes of action in Circular’s lawsuit against the town of Romulus and its Town Board.

Doyle also ruled that Seneca Lake Guardian could not be an intervenor in the lawsuit. But he allowed the organization to participate as a “friend of the court” in both lawsuits.

Read the full article here.