Lawsuit against Saratoga Biochar defeated
MOREAU, N.Y. (NEWS10) - On Tuesday, New York State Supreme Court made its ruling in Saratoga County on an Article 78 petition filed over the construction of a biochar fertilizer plant by Saratoga Biochar in the town of Moreau. State Supreme Court Judge Richard A. Kupferman ruled in favor of Saratoga Biochar and the Moreau Planning Board, denying the petition submitted by the Clean Air Action Network (CAAN) of Glens Falls.
"We received the decision last night," said Clean Air Action Network of Glens Falls Chairwoman Tracy Frisch. "We are in the process of carefully analyzing it and figuring out next steps."
Submitted last October, the petition and suit aimed to halt the construction of Saratoga Biochar's first facility, which has been planned to come to Moreau Industrial Park since early last year. The facility would produce a form of fertilizer by treating sewage products from wastewater treatment plants around New York State.
Saratoga Biochar estimates that the facility would process 225,000 tons of biosolids - the solid waste from sewage processed by treatment plants - every year. The company states that its pyrolysis process removes harmful PFAS chemicals from those biosolids, all while diverting human waste from other processes and disposal methods. The company sees Tuesday's decision as a clear win.
“It is unconscionable that CAAN is delaying a much-needed solution that corrects environmental
issues associated with current biosolids disposal practices," said Saratoga Biochar President Bryce Meeker. "CAAN’s donors need to seriously question the organization’s direction.”
In the petition - and still today - CAAN calls into question the Negative Declaration made by the town planning board on the project in 2022. The declaration states that the project will cause no significant environmental harm to Moreau or its neighbors - a statement that CAAN, along with many Moreau residents, contests. One point of concern is the actual level of impact that Saratoga Biochar will have on the environment, with Frisch pointing to the months of further review that took place last year following the declaration.
Another issue is the up to 720 tons of raw sewage set to come by truck into the town of Moreau. Routes from the Northway to the industrial park pass by dozens of homes, creating heavy traffic that has also been a concern to residents following the news that Twin Bridges Waste & Recycling had purchased land there earlier in June.
"Saratoga Biochar still has significant hurdles to overcome, and the people of Moreau continue to pursue strategies to win," said Frisch. "Those strategies will include regulatory and political systems, as well as people power."
Tuesday's decision came with the directive that the planning board correct an error stating that it had issued a "Conditional Negative Declaration" rather than a "Negative Declaration." It also called for Saratoga Biochar to review and analyze wastewater and air emission data during each phase of construction. Saratoga Biochar currently needs to obtain air and solid waste permits, as the road to construction continues.