A lawsuit filed by two Niagara County residents, claiming CWM Chemical Services illegally processes hazardous waste at its Porter landfill, was dismissed Thursday by State Supreme Court Justice Mark Montour.
Thomas R. Smith, attorney for CWM and its parent company, Waste Management, contended the processing is covered by an exception in the company's permit from the state Department of Environmental Conservation.
CWM's current landfill ran out of space in 2015. It is seeking state permission to dig a new one.
Amy H. Witryol, who opposes CWM at hearings about the request, charged Nov. 1 that CWM was illegally treating waste and temporarily storing it at the Balmer Road site before shipping it elsewhere.
Alan J. Knauf, Witryol's attorney, said he expects to appeal the ruling.