Last week, after nearly four years of litigation, BFI Waste Systems of Tennessee decided to stop fighting for a 99-acre expansion of Middle Point Landfill. The City of Murfreesboro was confident that the Tennessee Court of Appeals would have upheld the decision of the trial court, which had affirmed the Central Tennessee Regional Solid Waste Planning Board’s decision to deny BFI’s application to expand its landfilling operations northward toward Jefferson Pike.
This battle began on April 11, 2021, when BFI filed an application with the Board to expand Middle Point Landfill. Three months later, the Board voted unanimously to deny BFI’s application. BFI immediately challenged the Boards decision by suing the Board in Davidson County Chancery Court, and the City successfully moved to intervene in the lawsuit in November 2021 to ensure that the concerns of thousands of Murfreesboro residents were represented. In September 2023, the court affirmed the Board’s decision, ruling that there was “substantial and material evidence” to support “the Board’s determination that BFI’s application is inconsistent with the Central Region’s current Regional Plan.” BFI appealed that decision to the Tennessee Court of Appeals where a decision was pending after extensive briefing and oral arguments in December 2024. BFI’s motion to dismiss its appeal puts an end to this expansion request.
The City of Murfreesboro considers this a victory for the residents of Murfreesboro, especially those residing near the formerly planned expansion. Murfreesboro Mayor Shane McFarland stated: “The City has stood shoulder-to-shoulder with the Board in opposing BFI’s expansion efforts, and while our concerns about BFI and the effect of the landfill on our community are far from over, we are thankful for this latest development. The City has been and remains steadfastly opposed to any expansion of the landfilling operations at Middle Point, be it an expansion to the north as was at issue in this lawsuit or an expansion to the south onto the old Rutherford County Landfill that BFI and its parent corporation, Republic Services, are currently lobbying the County Commission to approve.”
Donna Barrett, the Regional Board’s secretary and legal liaison, echoed Mayor McFarland’s comments, stating: “The Regional Board is pleased with this recent motion. Valuable time and resources have been spent on court actions that should’ve been spent diligently working towards more comprehensive solutions for diversion and recycling versus relying solely on landfilling. I would like to thank Mayor McFarland and the City Council for their unwavering support of our mutual interests for a better region and Tennessee both now and for our children’s future.”
Upon learning of BFI’s decision, Representative Bryan Terry of Murfreesboro, stated: “With Republic’s withdrawal of their appeal for a northern development for Middle Point Landfill, our citizens can soon close the chapter on that attempted infringement on our community. Our focus must turn to protecting our community from further abuses as a long-term proposal to continue bringing in outside solid waste has been presented to our county commission.” In 2022, Rep. Terry sponsored House Bill 1842, which was signed into law and prevents the Commissioner of the Tennessee Department of Environment and Conservation from issuing a landfill permit in contravention of a judicial ruling like that made by the Davidson County Chancery Court in this case.
Murfreesboro City Attorney Adam Tucker added: “It is telling that BFI filed to dismiss its appeal only after oral argument but before the Court rendered its decision. It would seem that BFI had serious concerns that an adverse ruling by the Court of Appeals—one upholding the Board’s decision—could have had on any future application to expand its operations to the south.” Mr. Tucker also noted that BFI’s request to dismiss its appeal has no bearing on the City’s lawsuit against BFI and Republic Services under the federal Clean Air Act and Clean Water Act, through which the City hopes to remedy multiple environmental issues at Middle Point Landfill
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