Dive Brief:

• The United States Air Force's (USAF) objections to Post Oak Clean Green's proposed 440-acre landfill in Guadalupe County, TX have further delayed an already contentious state permit approval process.
• The USAF is concerned about the safety of pilots training at the Seguin Auxiliary Airfield because planes pass within one mile of the landfill site where birds are likely to congregate.
• While the window for submitting new opposition technically closed in April, two judges recently reopened the case until July 15 to allow for filings on these considerations.

Dive Insight:

The Texas Commission on Environmental Quality (TCEQ) has opposed this decision with Post Oak and is asking that these new bird issues not be a factor in the state's decision. The company's attorney noted that the USAF didn't participate in the original permitting process and had no objections when consulted by the Federal Aviation Administration. 

Yet the military says it's raising the issue now because aircrafts will be flying at an altitude which experiences the majority of bird collisions—even though the site does meet the state's requirement of being at least five miles from an airport. To combat similar issues, other sites have tried methods including non-lethal noise devices and a bald eagle to keep the birds away.

Opposition advocates who are more interested in issues such as groundwater contamination have also embraced the USAF's concerns. An attorney for the group Stop Post Oak Dump said he expects the state to issue a proposal for decision on the permit to be voted on by TCEQ commissioners this fall.