Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    From CES to the shredder: What 2026 PCs mean for ITAD

    Certification scorecard for week of Jan. 12, 2026

    Industry announcements for January 2026

    Certification scorecard for Dec. 18-30, 2025

    Certification scorecard for Dec. 18, 2025

    Industry announcements for the week of Dec. 15

    Certification scorecard for December 10, 2025

    Industry Announcements for Week of December 8

    Certification Scorecard for December 3, 2025

  • Conferences
  • Publications

    Other Topics

    Textiles
    Organics
    Packaging
    Glass
    Brand Owners

    Metals
    Technology
    Research
    Markets
    Grant Watch

    All Topics

Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    From CES to the shredder: What 2026 PCs mean for ITAD

    Certification scorecard for week of Jan. 12, 2026

    Industry announcements for January 2026

    Certification scorecard for Dec. 18-30, 2025

    Certification scorecard for Dec. 18, 2025

    Industry announcements for the week of Dec. 15

    Certification scorecard for December 10, 2025

    Industry Announcements for Week of December 8

    Certification Scorecard for December 3, 2025

  • Conferences
  • Publications

    Other Topics

    Textiles
    Organics
    Packaging
    Glass
    Brand Owners

    Metals
    Technology
    Research
    Markets
    Grant Watch

    All Topics

Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home Recycling

Judge: City must pay after deceiving citizens on recycling

Marissa HeffernanbyMarissa Heffernan
August 8, 2022
in Recycling
Fort Smith, Ark.’s department of sanitation must pay $745,057 to the residents it misled. | Zolnierek/Shutterstock

An Arkansas judge ruled that a city sanitation department needed to pay restitution after landfilling material that should have been recycled and admonished the city for breaking the trust of its residents.

The class-action lawsuit was filed in 2017 by Fort Smith, Ark. resident Jennifer Merriott. She alleged that the city was guilty of illegal exaction and unjust enrichment because it was charging residents a $13-per-month fee for recycling, then dumping those recyclables into a landfill, according to reporting by the Arkansas Democrat Gazette.

Sebastian County Circuit Judge Stephen Tabor ruled the city had indeed misused customer money from the Sanitation Department from July 2015 to May 2017, and now owes $745,057 in restitution.

The city had a contract with Green Source Recycling in Clarksville, but it ended in 2016 and Clarksville stopped accepting the city’s recycling.

According to a court filing, the city estimated over 95% of residential recyclables went to the landfill without customer knowledge while the city tried to find a new firm. In internal emails, the city called the recycling program “a failed program that was not watched or maintained since October 2014.”

The city argued at trial that asking people to stop recycling while they found a new firm would have damaged the program and gotten people out of the habit of recycling. Tabor said in the judgment that “the speculative impact on the recycling program pales in comparison to the value of a positive relationship between the city and its people.”

Tabor added that “evidence demonstrating the city’s overt efforts to deceive its citizens” was clearly on display at trial.

“Both a recycling truck and a side loader visited the same houses on the same day, with the recycling trucks bearing messages about their purpose, picking up recycling containers and the side loaders picking up other waste,” the judgment stated. “This left Ms. Merriott, and certainly others, with the impression recycling was continuing unabated.”

Merriott’s lawsuit sought around $887,000 in damages for the operation and capital cost of the rear loader, the labor cost and the container cost, but the judge determined that the capital and container costs did not count, as they would have been spent anyway.

The judge also noted that it was “disconcerting to see the city dismiss the consequences of its actions on its citizens so cavalierly,” and he worried that the city would take similar actions again if it “genuinely believes it has the right to deceive the public when it suits its purposes.”

“Citizens should be able to trust the officials overseeing their business to be honest and transparent,” Tabor wrote in his judgment. “Surely, the damage caused by a breach of trust may carry more weight than the perceived effectiveness of a single program.”
 

Tags: CollectionLegalLocal Programs
TweetShare
Marissa Heffernan

Marissa Heffernan

Marissa Heffernan worked at Resource Recycling from January 2022 through June 2025, first as staff reporter and then as associate editor. Marissa Heffernan started working for Resource Recycling in January 2022 after spending several years as a reporter at a daily newspaper in Southwest Washington. After developing a special focus on recycling policy, they were also the editor of the monthly newsletter Policy Now.

Related Posts

Houston, MRF operator sign chemical recycling MOU

CompuCycle CEO: Transparency drives electronics diversion

byStefanie Valentic
January 16, 2026

As Houston's role as a major port city raises concerns about electronics being exported overseas for processing, CompuCycle CEO Kelly...

Diversion Dynamics: Recycling partnerships are an art form, but crucial for progress

Diversion Dynamics: Recycling partnerships are an art form, but crucial for progress

byStefanie Valentic
January 8, 2026

Whether you're operating a MRF, managing municipal contracts or navigating supplier relationships, the daily pressures pile up: financial constraints, shifting...

EPA awards $58m for waste, recycling infrastructure

EPA awards $58m for waste, recycling infrastructure

byAntoinette Smith
January 5, 2026

The second round of funding under the Solid Waste Infrastructure for Recycling grant program awarded about $58 million to 17...

Solar recycling ramps up in NY with new pickup service

Solar recycling ramps up in NY with new pickup service

byScott Snowden
December 23, 2025

New York’s clean energy and digital infrastructure sectors have grown in recent years and the flow of decommissioned, warranty-return, storm-damaged...

Grant funds EPS foam recycling in Nebraska

Grant funds EPS foam recycling in Nebraska

byAntoinette Smith
December 16, 2025

First Star Recycling in Omaha and the City of Lincoln each received $25,000 grants from the Foodservice Packaging Institute's Foam...

landfill

Virginia opens comment for state solid waste plan

byPaul Lane
December 11, 2025

Virginia is taking public comment on a draft solid waste plan that updates decades-old rules, raises recycling goals, expands data...

Load More
Next Post

MRFs and programs slammed with severe pricing downturn

More Posts

#PRC2026 Speaker Spotlight: Joel Morales

#PRC2026 Speaker Spotlight: Joel Morales

December 22, 2025
Panel tracks shifts in e-scrap as policy, AI reshape

Panel tracks shifts in e-scrap as policy, AI reshape

December 22, 2025
Robot pilot targets legacy parts to help supply defense

Robot pilot targets legacy parts to help supply defense

December 29, 2025
Solar recycling ramps up in NY with new pickup service

Solar recycling ramps up in NY with new pickup service

December 23, 2025
State policy drives tire recycling investment in Southeast

State policy drives tire recycling investment in Southeast

December 23, 2025
New Hampshire makes progress on waste goals

New Hampshire makes progress on waste goals

December 22, 2025
Federal PACK Act aims to preempt ‘patchwork’ of state laws

Federal PACK Act aims to preempt ‘patchwork’ of state laws

December 23, 2025
APR year in review

APR year in review

December 30, 2025
#PRC2026 Speaker Spotlight: Christine Yeager

#PRC2026 Speaker Spotlight: Christine Yeager

December 29, 2025
House resolution aims to make recyclability central to product design

House resolution aims to make recyclability central to product design

December 30, 2025
Load More

About & Publications

About Us

Staff

Archive

Magazine

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletter

Get the latest recycling news and analysis delivered to your inbox every week. Stay ahead on industry trends, policy updates, and insights from programs, processors, and innovators.

Subscribe

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • The Latest
  • Analysis
  • Recycling
  • E-Scrap
  • Plastics
  • Policy Now
  • Conferences
    • E-Scrap Conference
    • Plastics Recycling Conference
    • Resource Recycling Conference
    • Textiles Recovery Summit
  • Magazine
  • About Us
  • Advertise
  • Archive
  • Jobs
  • Staff
Subscribe
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.