OLD TOWN, Maine — A legal challenge has been mounted against the expansion of a landfill in Old Town, Maine, with claims that the state agency overlooked critical environmental justice considerations in its approval process. The lawsuit, initiated by the Penobscot Nation and the Conservation Law Foundation, underscores the rising tensions between environmental protection efforts and indigenous rights.
Filed in the Penobscot County Superior Court on Tuesday, the lawsuit argues that the planned growth of the local landfill risks the health of nearby communities and threatens the Penobscot Nation’s cultural traditions. The contentious issue centers on the landfill’s potential impact on the Penobscot watershed, a significant historical and ecological area revered by the Penobscot people.
The Maine Department of Environmental Protection had previously greenlit the expansion on October 2, noting that it would serve a public benefit and align with the state’s environmental justice policies. However, critics argue that the expansion goes against Maine’s waste management plans and fails to uphold newly enacted environmental protections aimed at ensuring every citizen enjoys a clean environment.
This dispute marks a critical test of Maine’s 2021 environmental justice law, designed to safeguard communities against undue pollution and environmental harm. Influential voices in the community, like Dana Colihan, co-executive director of Slingshot, an environmental health and justice organization, have vocally opposed the DEP’s decision. According to Colihan, the expansion is a glaring violation of the state’s commitment to environmental justice, propelling community and tribal groups to rally for the protection of their environmental rights.
In addition to seeking a reversal or a substantial modification of the DEP’s approval, the legal challenge demands the implementation of stricter regulations to protect communities from potential contaminants. This includes calls for real-time air quality monitoring in areas most affected by odorous emissions from the site and restrictions on the quantity of out-of-state waste processed at the facility.
The landfill, operated by Casella Waste System, is under scrutiny for handling significant amounts of construction and demolition debris, which includes materials laced with PFAS — harmful chemicals often referred to as “forever chemicals” due to their persistent nature in the environment. Critics allege that the company’s practices do not adequately prevent these contaminants from affecting the local environment and public health.
Tribal Chief Kirk Francis of the Penobscot Nation expressed deep concerns about the expansion. He emphasized that the landfill’s continued operation and possible growth threaten the region’s water quality and the community’s well-being, pledging to fight against what he views as a harmful development.
While the lawsuit addresses several immediate health and environmental risks, it also suggests broader implications for statewide waste management policies and highlights the need for more community-centered decision-making processes.
As the legal proceedings have yet to be scheduled, the outcome of this case could set significant precedents for how environmental justice is implemented in Maine and potentially influence similar conflicts nationally.
Disclaimer: This article was automatically written by AI from OpenAI. Facts, individuals, circumstances, and narrative details may not be accurate. To report inaccuracies or request removals, please send an email to contact@publiclawlibrary.org.