New Hampshire Landfill Fight Heads Toward Trial as State Defends Permit Denial

CONCORD, N.H. — A legal battle over a proposed landfill in northern New Hampshire is intensifying as a subsidiary of a major waste management company challenges the state’s decision to reject its permit application, even as lawmakers advance legislation that could effectively freeze new landfill approvals for years.

Granite State Landfill, a subsidiary of Vermont-based Casella Waste Systems, is asking a Merrimack County Superior Court judge to overturn a decision by the New Hampshire Department of Environmental Services that deemed its landfill application “dormant” and denied further review.

The dispute centers on a proposed landfill in Dalton, a North Country community where residents and environmental advocates have spent years opposing the project, citing concerns about its proximity to natural resources and recreational areas.

Judge John Kissinger heard arguments Friday from attorneys representing Casella, the state and a citizens group that intervened in the case. Both sides are seeking summary judgment before the dispute proceeds to trial.

Permit dispute centers on agency authority

The landfill application was filed in October 2023. State regulators later determined it had become dormant under administrative rules governing solid waste permits.

Casella argues the department exceeded its legal authority by denying the application on procedural grounds rather than evaluating it on its merits.

Attorney Jacob Rhodes, representing Granite State Landfill, told the court that state law authorizes permit denials for substantive deficiencies but does not explicitly allow regulators to reject applications because of administrative timelines.

“There is no mention of dormancy in the statute,” Rhodes argued, describing the denial as an “administrative technicality.”

According to court filings, the company submitted hundreds of pages of additional materials within a year of the agency’s requests and contends regulators repeatedly sought more information before ultimately rejecting the application.

State attorneys dispute that interpretation.

State says rules are essential to permitting process

Assistant Attorney General Joshua Harrison argued that the Department of Environmental Services has broad authority under New Hampshire’s Solid Waste Management Act to establish and enforce permitting rules, including dormancy requirements.

The state warned that limiting that authority could undermine regulators’ ability to administer complex environmental permitting programs.

In court filings, the state argued that narrowing the department’s authority would produce “absurd consequences” by preventing regulators from enforcing administrative requirements and technical standards related to landfill design, construction and operation.

The North Country Alliance for Balanced Change, a citizens group opposing the project, joined the state in defending the permit denial.

Attorney Amy Manzelli, representing the alliance, told the court that environmental regulators possess specialized expertise and are authorized by state law to establish rules governing solid waste permits.

Legislature moves to reshape landfill approvals

The legal fight comes as New Hampshire lawmakers move to overhaul the state’s landfill siting process.

Earlier this month, the House approved legislation creating a seven-member Site Evaluation Committee that would oversee future landfill proposals. The bill would effectively prevent new landfill permits from being approved before July 1, 2027.

Gov. Kelly Ayotte is expected to sign the measure into law.

The proposed Dalton landfill site sits less than half a mile from Forest Lake State Park, a factor that helped fuel public opposition and legislative action.

Casella attorneys declined to comment on how the pending legislation could affect the company’s plans.

For now, the future of the Dalton project remains tied to both the courtroom and the State House, with Judge Kissinger expected to decide whether the permit dispute can be resolved without a trial.