Moreau passes local law pausing Biochar development

MOREAU, N.Y. (NEWS10) – The Town of Moreau recently passed a moratorium that puts a pause on new developments in its industrial zone. It’s halted a major development project and that company said they feel targeted.

Saratoga Biochar Solutions is seeking permits to build a solid waste management facility that would be tucked in the Moreau Industrial Park. However, residents have pushed back against that development. The town board unanimously passed Local Law 3 on Monday, a moratorium that delays the project for at least 9 months.

Northeastern Biochar Solutions President Bryce Meeker said Biochar offers an environmentally friendly solution to New York state’s waste management problem. He said exporting waste to other states is not sustainable or economical.

“This is material that is 70 percent to 80 percent water. It doesn’t make sense to truck it and train it halfway across the country. In-state solutions are needed,” said Meeker.

He said Biochar has been thoroughly vetted by the Department of Environmental Conservation.

“They’ve kicked the tires really hard and my advice is trust the scientists,” said Meeker.

He said the technology they use to remove contaminants is the most advanced in the market. However, the environmental advocacy group EarthJustice sent a letter to DEC on March 18, citing scientific evidence from experts who said the proposed development would be an “involuntary experiment on some of New York state’s most vulnerable residents.”

Meeker said the town board passing the moratorium, and delaying new developments in its industrial zone for 9 months, directly targets Biochar. He promised to take the fight to court.

“That’s inevitable for the town,” said Meeker. “If they really want to foot the legal bill to fight this April Fools moratorium, that’s up to them.”

That move was anticipated while the moratorium was being drafted, according to the attorney who drafted it, William Nikas.

“Anytime a community passes a moratorium it pretty much guarantees a lawsuit in return, so they knew that going in. But that’s the cost of preserving your community,” said Nikas.

Projects a lot further along in development phases have been denied, a precedent Nikas said was set in the Court of Appeals in the late 90s. He said the case law is not in favor of Biochar.

“Unfortunately Biochar did not see that nugget before they spent the money they did,” said Nikas.

He said significant parts of the town’s codes have not been updated in 30 years.

“There was a particular local law that was in their code 30 years ago, that if it had been properly applied, would not have allowed this kind of project to be introduced in the Town of Moreau to begin with,” said Nikas.

He said the project slipped through the cracks and the ball was dropped by previous town and zoning boards. The moratorium gives the town 9 months to review and update the codes. If the town needs more time to update codes, Nikas said, they could pass another moratorium – but only if the town can prove it’s been actively working on updating those codes.

“I think biochar has a long road ahead of them if they expect to locate in Moreau,” said Nikas.

The Town of Moreau declined NEWS10’s requests for an interview.

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