Dive Brief:

• Hurricane, WV and Putnam County, WV have sued two subsidiaries of Waste Management, alleging that the companies accepted hazardous waste at its solid waste landfill. 
• The lawsuit alleges that 228 tons of a chemical known as Crude MCHM mixed with sawdust, was deposited at the site and is leaching chemicals, thereby contaminating a nearby creek.
• Waste Management said the materials are compliant and the case should be dismissed because the materials noted are not considered hazardous under federal law. The company contends that state officials and the EPA agree.

Dive Insight:

State environmental regulators allowed the landfill to accept 700 tons of the materials. According to the state EPA, Waste Management voluntarily agreed to cease accepting the waste in March after receiving complaints form local residents.

Legal experts say this case could potentially have a ripple effect for other states. This lawsuit could set a precedent if third parties are able to challenge what regulators dictate are safe or hazardous materials.