Jon Swan v Casella Waste Systems Jury Trial Expenses

As we enter year 6 of the fight to save Forest Lake from a dangerous, unwanted, and unneeded landfill development, I enter year 5 of my legal entanglement with Casella Waste Systems. Obviously, their efforts to silence me have failed, as this is a fight we cannot afford to lose. However, I am asking for your help, once again, as Casella has filed a 2nd lawsuit against me, claiming I violated the terms of the settlement agreement from the 1st lawsuit they brought against me. I believe we will prevail, as the evidence debunking their claim is overwhelming, especially considering there is no evidence that I did violate the terms of our settlement agreement. In fact, the document filed by the Caledonian Record exonerates me.

However, we now prepare for trial as Casella has amended its initial complaint to include statements made by me relative to my findings that the NCES Landfill is releasing PFAS contaminants, and others, into the watershed of the Ammonoosuc River. My attorney has informed me that a jury trial will be costly, somewhere in the range of $60,000-$100,000 dollars. My legal expenses are already mounting, as we begin to prepare for trial.

In their amended complaint of February 22, 2024, Casella states no less than 12 times:

"Swan’s claim is both false and defamatory. The NCES landfill is not releasing contaminants into the Ammonoosuc River watershed."

Thus, it would appear that the NCES Landfill itself will be on trial.

It is my firm belief that Casella Waste Systems is seeking to distance itself from financial liability for the widespread PFAS and other contamination present at the NCES Landfill, instead shifting responsibility to the old Consumat Sanco unlined landfill. Mitigation will be extremely costly and it is my firm belief that this will ultimately become a Superfund site. For some reason, NHDES has been extremely cagey relative to who will have to pay, and how, should mitigation be required.

As stated in our April 25, 2024 response, Casella assumed full responsibility for the property they purchased over 30 years ago, and subsequently built their new "state-of-the-art" double-lined landfill atop the old, unlined landfill, and with the blessing of NHDES.

I have amassed an arsenal of documentation, including the groundwater monitoring reports submitted to NHDES by Sanborn Head on behalf of NCES/Casella, required under the landfill's GROUNDWATER MANAGEMENT & RELEASE DETECTION PERMIT.

Of course, all of this is just my opinion, based on my years of research, and experience.

I thank you for your continued support!!

Jon Swan

Background and documents:

April 14, 2020: Casella Waste Systems files defamation complaint against Jon Swan and Save Forest Lake

(April 15, 2020 Cal Rec article

May 11, 2023 Casella v Jon Swan defamation case settled via mediation

May 18, 2023 Cal Rec article: Casella Drops Defamation Lawsuit Against Dalton Landfill Opponent

May 25, 2023 breach of settlement suit filed by Casella Waste Systems (proof that Casella was the first to violate the settlement agreement by revealing its presence in this court filing as well as in Merrimack Superior Court on November 27, 2023 with members of the public present)

September 9, 2023 Caledonian Record Motion To Quash Subpoenas

October 13, 2023 NHPR article : Amid Legal Battle Over NH Landfill Activism, Waste Company Subpoenaed A Reporter

February 22, 2024 Casella Second Amended Complaint w/Exhibits

April 25, 2024 Defense Answers w/Exhibit A

May 21, 2024: Notice of Jury Trial

(weeks of January 7 and 13, 2025)