New Hampshire Supreme Court Decision Upholds Stage VI Permit Issuance

Rhea-AI Summary

Casella Waste Systems, Inc. (Nasdaq: CWST) announced that the New Hampshire Supreme Court concluded that the New Hampshire Department of Environmental Services acted lawfully in issuing a permit for the Stage VI expansion at the North Country Environmental Services, Inc. Landfill. The decision reversed a previous ruling by the New Hampshire Waste Management Council after an appeal by the Conservation Law Foundation. The Court held that the determination that the Stage VI expansion satisfied a capacity need was lawful and correct, providing continuity of service for more than 60,000 businesses and residents in nearly 200 towns throughout the State of New Hampshire.

Positive

• The decision by the New Hampshire Supreme Court provides certainty for Casella's New Hampshire customers and ensures continuity of service for a large number of businesses and residents.
• The ongoing availability of disposal capacity at NCES and the proposed Granite State Landfill is vital to helping the State achieve its solid waste management goals outlined in the updated Solid Waste Management Plan.
• The company's focus on providing stable, reliable disposal capacity aligns with the state's goal to reduce the disposal of municipal solid waste and construction and demolition debris by 25% by 2030 and by 45% by 2050.

Negative

• None.

Environmental Policy Expert

The New Hampshire Supreme Court's decision to uphold the Stage VI permit for Casella Waste Systems' landfill expansion has significant implications for waste management policy and infrastructure development. This ruling not only affirms the legal processes of the NHDES but also underscores the state's commitment to balancing environmental concerns with the necessity of maintaining adequate disposal capacity. The court's interpretation of the public benefit statute aligns with the state's broader goals of waste reduction as outlined in the updated Solid Waste Management Plan.

From a policy standpoint, this legal confirmation may set a precedent for future waste management facility expansions, indicating a judicial deference to state agency determinations regarding capacity needs. The decision also highlights the ongoing debate between environmental advocacy groups and waste management companies about the best approaches to waste reduction and sustainability. The court's ruling may encourage other states to re-evaluate their waste management policies, particularly in terms of landfill expansions and their role in an integrated waste management strategy.

Market Research Analyst

The affirmation of Casella Waste Systems' permit for landfill expansion by the New Hampshire Supreme Court is likely to have a positive impact on the company's market position. It removes a significant operational uncertainty, providing Casella with a clear path to continue servicing over 60,000 businesses and residents. This legal victory could potentially enhance investor confidence in Casella's ability to execute its long-term strategy and maintain its customer base in New Hampshire.

Moreover, the company's focus on integrated solutions and critical infrastructure as part of its resource management efforts may resonate well with the growing market demand for sustainable waste management practices. This could position Casella favorably in a market that is increasingly valuing environmental stewardship alongside operational efficiency. The potential for increased disposal capacity with the planned Granite State Landfill could further strengthen Casella's competitive advantage in the region.

Sustainability Analyst

The court's decision to uphold the landfill expansion permit is a pivotal moment for sustainability efforts within the waste management industry. It acknowledges the dual challenge of providing necessary infrastructure to manage current waste levels while also working towards ambitious waste reduction targets. Casella's commitment to reducing municipal solid waste (MSW) and construction and demolition debris (C&D) by significant percentages by 2030 and 2050, respectively, reflects an alignment with state and global sustainability objectives.

However, the reliance on landfill capacity as a foundational element for ongoing materials management efforts raises questions about the balance between developing new disposal sites and investing in alternative waste management strategies, such as recycling and waste-to-energy technologies. The long-term sustainability of waste management in New Hampshire hinges on the successful integration of these efforts and the effectiveness of such strategies will be a key area of focus for stakeholders monitoring the state's progress towards its waste reduction goals.

Appeal by CLF denied, and issuance of the Stage VI permit held to have been lawful

RUTLAND, Vt., Dec. 29, 2023 (GLOBE NEWSWIRE) -- Casella Waste Systems, Inc. (Nasdaq: CWST) (“Casella”), a regional solid waste, recycling, and resource management services company, announced today that the New Hampshire Supreme Court (the “Court”) concluded that the New Hampshire Department of Environmental Services (“NHDES”) acted lawfully in issuing a permit for the Stage VI expansion at the North Country Environmental Services, Inc. (“NCES”) Landfill in Bethlehem, New Hampshire.

The Court’s decision reversed a previous ruling by the New Hampshire Waste Management Council (the “Council”), after the Conservation Law Foundation (“CLF”) appealed the permit issuance. The Court’s decision held that the Council erred in its interpretation of New Hampshire’s public benefit statute and that the determination that the Stage VI expansion did in fact satisfy a capacity need was lawful and correct.

NCES, a wholly owned subsidiary of Casella, provides disposal capacity for more than 60,000 business and residents in nearly 200 towns throughout the State of New Hampshire.

“We are pleased that the decision of the court removes the uncertainty for our New Hampshire customers caused by the Council’s decision,” said John W. Casella, Chairman and Chief Executive Officer of Casella. “Ensuring that we will be able to provide the continuity of service on which our customers rely has been our focus throughout this process. This decision recognizes the ongoing need for disposal capacity in the State, even as anti-landfill activists such as CLF continue to make baseless claims that take time and resources away from moving New Hampshire closer to the goals outlined in its most recent Solid Waste Management Plan.”

In September 2022, NHDES published an updated Solid Waste Management Plan, which outlined eight specific goals for improving solid waste management in the state over the next decade, and to assist the state in achieving its goal to reduce the disposal of municipal solid waste (MWS) and construction and demolition debris (C&D) by 25% by 2030 and by 45% by 2050.

According to Casella, continued availability of disposal capacity at NCES and the proposed Granite State Landfill in Dalton, New Hampshire, which is targeted to come online near the time when NCES closes at the conclusion of Stage VI, is vital to helping the State achieve these goals.

“The future of solid waste management is to view it as an integrated set of solutions and critical infrastructure designed to keep people and their natural environment safe,” said Mr. Casella. “This approach considers the overall benefits of the entirety of our resource management efforts, and not simply those of a single facility. Disposal capacity is the foundation that allows for the continuation of ongoing materials management efforts. By providing customers with stable, reliable disposal capacity, we can understand the materials and propose better methods to manage them differently, which will ultimately benefit New Hampshire on its road to a more sustainable future.”

About Casella Waste Systems, Inc.
Casella Waste Systems, Inc., headquartered in Rutland, Vermont, provides resource management expertise and services to residential, commercial, municipal, institutional, and industrial customers, primarily in the areas of solid waste collection and disposal, transfer, recycling, and organics services in the eastern United States. For further information, investors contact Jason Mead, Senior Vice President of Finance and Treasurer at (802) 772-2293; media contact Jeff Weld, Director of Communications at (802) 772-2234; or visit the Company’s website at http://www.casella.com.

Safe Harbor Statement

Certain matters discussed in this press release, including, but not limited to, the statements regarding the availability of capacity at NCES or the Granite State Landfill, are “forward-looking statements” intended to qualify for the safe harbors from liability established by the Private Securities Litigation Reform Act of 1995. These forward-looking statements can generally be identified as such by the context of the statements, including words such as “believe,” “target,” “expect,” “anticipate,” “plan,” “may,” “would,” “intend,” “estimate,” "will," “guidance” and other similar expressions, whether in the negative or affirmative. These forward-looking statements are based on current expectations, estimates, forecasts and projections about the industry and markets in which Casella operates and management’s beliefs and assumptions. Casella cannot guarantee that it actually will achieve the results, plans, intentions, expectations or guidance disclosed in the forward-looking statements made. Such forward-looking statements, and all phases of Casella’s operations, involve a number of risks and uncertainties, any one or more of which could cause actual results to differ materially from those described in its forward-looking statements. Such risks and uncertainties include or relate to, among other things, that landfill operations and permit status may be affected by factors outside Casella’s control.

Casella undertakes no obligation to update publicly any forward-looking statements whether as a result of new information, future events or otherwise, except as required by law.

Investors:
Jason Mead
Senior Vice President of Finance & Treasurer
(802) 772-2293

Media:
Jeff Weld
Director of Communications
(802) 772-2234
http://www.casella.com

FAQ

What is the recent announcement by Casella Waste Systems, Inc. (Nasdaq: CWST) regarding the New Hampshire Supreme Court decision?

Casella Waste Systems, Inc. (Nasdaq: CWST) announced that the New Hampshire Supreme Court concluded that the New Hampshire Department of Environmental Services acted lawfully in issuing a permit for the Stage VI expansion at the North Country Environmental Services, Inc. Landfill.

What was the outcome of the appeal by the Conservation Law Foundation regarding the permit issuance?

The Court's decision reversed a previous ruling by the New Hampshire Waste Management Council after an appeal by the Conservation Law Foundation. The Court held that the determination that the Stage VI expansion satisfied a capacity need was lawful and correct.

How many businesses and residents will benefit from the decision?

The decision provides continuity of service for more than 60,000 businesses and residents in nearly 200 towns throughout the State of New Hampshire.

What are the goals outlined in the updated Solid Waste Management Plan published by NHDES in September 2022?

The updated Solid Waste Management Plan outlined eight specific goals for improving solid waste management in the state over the next decade, aiming to reduce the disposal of municipal solid waste and construction and demolition debris by 25% by 2030 and by 45% by 2050.

How does the decision align with the state's solid waste management goals?

The ongoing availability of disposal capacity at NCES and the proposed Granite State Landfill is vital to helping the State achieve its solid waste management goals outlined in the updated Solid Waste Management Plan.