The legal dispute between the company that collects garbage for the Village of Saltaire and Fire Island National Seashore (FINS) remains unresolved as we head into the busy summer season.
According to court filings and Newsday reporting, the lawsuit was filed on Friday, January 31, 2025, by Jason Waters on behalf of his company, Wetherall Carting, challenging the FINS decision not to renew his company’s special-use driving permits. The lawsuit alleges that this decision causes “irreparable harm” to the business and residents of Saltaire by creating a “health, safety, and environmental crisis” due to the lack of garbage collection. According to Newsday, the company has been operating on Fire Island for approximately seven decades, although Waters has owned it for only the past four years.
Wetherall Carting, also known as All Weather Industries of NY Inc., argues it needs the permits to fulfill its waste removal service obligations under its contract with Saltaire and has filed suit to regain its privileges. The lawsuit alleges FINS attempted to restrict Wetherall Carting’s renewal permits by forcing the company to transport construction debris via barge rather than truck.
According to the lawsuit, the change would require the company to invest millions in new infrastructure, leaving the village without an alternative means of removing the material until the new barge infrastructure was in place. Understandably, the Village of Saltaire is also a party to the lawsuit as an “Intervenor” and is deeply involved and invested in the legal proceedings.
As of writing, the latest update to the case is that the National Park Service (NPS) submitted an “Answer to Amended Complaint” and a “Notice of Administrative Record” on Monday, May 19. The Wetherall Carting camp had until June 19 to file motions concerning Administrative Procedure Act claims, the NPS will had until July 21 to file any opposition to these motions, and the plaintiffs will, in turn, be able to respond to any replies by August 5. In other words, both parties to the lawsuit must submit all their briefs to the courts by August 5.
Fire Island News reached out to FINS Superintendent Alexcy Romero, who is named in the lawsuit, for comment. Romero said, “I cannot comment on an ongoing lawsuit with Jason Waters. I appreciate your understanding.”
Romero also referred us to the US Attorney’s Press Contact, Public Information Officer John Marzulli, who responded: “No comment.” Fire Island News also requested comment from Saltaire Village Administrator Mario Posillico, who said, “Village officials do not comment on any pending, current or concluded litigation.”
However, in February, Posillico did tell Newsday via email that the village was at the time “reviewing this matter to determine what steps may be taken to protect the interests of the Village and its residents.” Finally, Waters himself did not respond to repeated requests for comment in time for his quotes to be included within this article.
The overall situation is reminiscent of a lawsuit between FINS and prominent Kismet contractor and business leader Sam Wood that was settled last summer. That settlement ended a nearly year-long legal dispute between Wood and FINS that was fought over a 30-day March 2023 suspension of Wood’s essential services business driving permit.
