Waste, Recycling Association Files Brief Supporting South Carolina Landfill

The National Waste & Recycling Association filed a brief supporting the Lee County, S.C., landfill, which is being sued for nuisance and trespass issues.

The Washington-based association said in a news release it has submitted an amicus curiae brief to the United States District Court for South Carolina, Columbia Division. A hearing on the case was scheduled for Feb. 7.

The association partnered with the National Association of Manufacturers on the brief, which asserts that the Clean Air Act pre-empts the plaintiffs’ effort to obtain an injunction based on state nuisance and trespass principles because the emissions in question are allowed through a permit issued under that federal law.

The brief argues that allowing federal judges to undercut the predictable regulatory standards set forth in Clean Air Act through injunctions based on state law threatens the Clean Air Act’s Title V permitting program. It also creates the potential for inconsistent outcomes and a patchwork regulatory scheme.

The judge in the case may rule on one of the parties’ motions at the hearing in Columbia, according to David Biderman, general counsel for the association.

The Association previously filed an amicus curiae brief in the case with the South Carolina Supreme Court in March of last year.

The plaintiffs in the case are Perrin and Debbie Babb, Wayne and Sarah Elstrom, and Alan and Kathy Jackson.