Monroe-Livingston Sanitary Landfill v. Town of Caledonia

In Monroe-Livingston Sanitary Landfill v. Town of Caledonia (51 N.Y.2d 679, 683-684, 417 N.E.2d 78, 435 N.Y.S.2d 966 [1980]), the Court held that the State had not preempted the field of waste management through the solid waste disposal provisions that then existed in the Environmental Conservation Law. In 1988, eight years after our decision in Monroe-Livingston, the Legislature added the Solid Waste Management Act to the Environmental Conservation Law. Had the Legislature intended to preempt the local regulation of solid waste management, it could have done so in the 1988 Act. The Legislature's silence in this regard is continuing assurance that the State has not preempted local legislation of issues related to municipal solid waste management.