The Penobscot Nation and Conservation Law Foundation are appealing the state's ruling that the expansion is in the public benefit. In oral arguments Friday, they argue the project perpetuates environmental injustice against the Penobscot Nation, and contradicts Maine's so-called solid waste hierarchy.
"No reasonable mind could have concluded that this that the public benefit approval ensures environmental justice," said lawyer Alexandra St. Pierre.
She said pollution from the landfill leachate gets into the Penobscot River watershed and nearby Indian Island, the Penobscot Nation reservation. She said it's particularly bad now that Juniper Ridge is accepting the vast majority of municipal sewage sludge from around the state- which cannot be taken to other locations because it has been contaminated with PFAS.
"They failed to consider the extent of the burden on the Penobscot Nation, rather than the fact of the burden, meaning that they considered that the Penobscot Nation is burdened by pollution, but they failed to go further and analyze the gravity and scope of that burden, and then also whether or not the expansion would add to that burden," St. Pierre said.
Attorney Nora Bosworth added that landfilling waste is meant to be the last option under the state's solid waste hierarchy. And the state failed to take that into account, and failed to require the landfill to adapt new technology to deal with the sludge.
"Addressing this would have meant requiring sludge drying and capping the influx of crushed construction waste," she said. "Under this decision, watery sludge and the vast amounts of waste used to bulk that sludge will continue to devour a needless amount of space in the one active state-owned landfill in Maine."
But assistant attorney general Jack Dafoe, representing the Maine Department of Environmental Protection, said the state's decision is consistent with environmental justice standards.
"First of all, the conclusion that this project was not inconsistent with environmental justice was supported by substantial evidence," Dafoe said.
He said the department did look into the issues raised by the Penobscot Nation and CLF, and gave them fair consideration.
"If you look at what they've actually complained about, and these are all legitimate concerns, and these are all things that DEP took seriously," Dafoe said.
He argued the department can more effectively add more specific requirements for PFAS treatment later in the licensing process for the landfill.
Although Juniper Ridge is owned by the state, it's operated by NEWSME Landfill Operations, a subsidiary of Casella Waste Systems. The company is considered a party of interest to the appeal, and its attorney Brian Rayback, said landfills like Juniper Ridge provide a necessary service.
"So landfills are easy targets for people who don't like waste," he said. "Nobody really likes waste, but they are essential. We need them. They need to be well run. They need to be well regulated. And our view is that's what's happening here."
Justice Bruce Mallonee will take the arguments into consideration, but there is no timeline for when he will rule on the appeal.
Members of the Penobscot Nation joined conservationists at a rally against the proposed expansion of the Juniper Ridge Landfill Friday, asserting that the state sidestepped a law requiring it to protect all communities from the landfill's pollution.
For years, residents of nearby Old Town have complained about noxious odors, methane releases and fires at the landfill.
Ed Spencer is with the activist group Don't Waste ME.
"Our clean air, clean water has been threatened by poor decisions, lack of oversight and absentee ownership of Juniper Ridge Landfill by the state of Maine," Spencer said.
The rally was held in advance of the oral arguments at Penobscot County Superior Court.
Wabanaki Alliance Director Maulian Bryant said the state has failed to meet required standards for environmental justice.
"So, it feels like such a hypocritical stance for the state to take, oh, we're going to embrace these environmental justice standards and then we're going to expand this state-owned landfill right next to tribal lands and tribal people," Bryant said.
State lawmakers this year approved a bill that allows landfill operator Casella to continue to accept out-of-state bulky waste for another two years, despite a law passed in 2022 that stopped Casella from trucking in waste from other states.
