New Hampshire
Opinion: The untold story of DES’ new landfill siting rules
Eliot Wessler lives in Whitefield and works with a number of grassroots organizations in New Hampshire’s North Country.
New Hampshire’s Department of Environmental Services (DES) has the responsibility to balance the interests of landfill developers and the public. But the agency, under the thumb of outgoing Gov. Sununu, has leaned heavily in favor of the solid waste industry for years, and the New Hampshire legislature has too often gone along.
DES’ new landfill siting rules were approved at the Dec. 19 JLCAR (Joint Legislative Committee on Administrative Rules) hearing. DES provided JLCAR with just enough half-truths that it was able to ram home a version of the rules that was heavily influenced by landfill developers.
The stink from that hearing hasn’t abated. The written testimony in advance of the hearing consisted of virtually unanimous objection from scientists and crickets from the industry. As for the hearing, the 15-20 people who showed up to provide testimony opposed to DES’ rules were denied an opportunity to testify by an administrative maneuver engineered by two of the ten JLCAR members.
Given everything we now know about the risks of PFAS contamination from landfills, including the contamination of public water supplies near Pease, the hundreds of incidents of leachate mismanagement at Casella’s NCES landfill in Bethlehem, and Casella’s hubris in trying to push through permit applications to build a brand new mega-landfill (the GSL project), it’s appalling that DES’ new rules make it easier for landfill developers to build landfills wherever they want.
The most egregious thing DES did was to weaken the hydraulic conductivity standard compared to its original proposal. The industry lobbied DES to make the change, arguing that the stronger standard would make siting landfills harder. DES caved, despite overwhelming evidence that the weaker standard dramatically increased the risk of landfill contamination, and with no countervailing evidence that a stronger standard would prevent siting new landfills.
So now we’re stuck. DES’ standard is far weaker than the standard used in both Maine and Vermont. Moreover, it is weaker than all U.S. states that have such standards, as well as many foreign countries, including countries with extremely lax environmental rules such as India.
DES is required by administrative rules, enforced by JLCAR, to make decisions on the merits of the available evidence. In weakening the conductivity standard, DES offered assertions to JLCAR but provided no evidence that the conductivity standard weakening was based on merit. In fact, the evidence presented to JLCAR seems to confirm that DES reverse-engineered the standard so that permits for Casella’s GSL project could be greenlighted:
■DES argued that the old rules did not have a hydraulic conductivity standard, so the new rules are ipso facto more protective. That defies logic given that the standard is set so low that it virtually provides a permission structure for landfills to be sited in highly permeable soil.
■DES disowned a DES-sponsored soil permeability map that showed some 85% of the state has more suitable soils for landfill siting than the GSL site. But having disowned the map, DES produced no data or evidence of any kind regarding the distribution of soil permeability in New Hampshire.
■In DES’s own words, “NHDES staff asked other concerned members of the regulated community to provide information and documents to demonstrate …foreclosing… the siting of any new landfill or the expansion of any existing landfill, but the department did not receive any supporting documentation.”
■On the same subject, in DES’ own words, “Other commenters including several industry representatives commented that the initial values…would make it very difficult to site new landfills or to expand the existing landfills in the state. One industry representative referenced a statewide study that had been conducted for a private client that they claim showed this result. The representative was unwilling to share the document.”
With JLCAR’s acceptance of DES’ Section 800 rules revisions, DES may have won a pyrrhic victory. Outgoing Gov. Sununu is just about the last public official to think GSL is a good idea, and he will be remembered by many as a cheerleader for unneeded large engineering projects, including the albatross that is the Seabrook nuclear plant, and the ill-conceived Northern Pass transmission project.
With the inauguration of Governor-elect Ayotte in a few weeks, DES will be under new management. She has said that under her watch New Hampshire will modernize its landfill management practices, will not become the solid waste dump for all of New England, and that the GSL project will not happen.
In addition, given the heightened awareness in the New Hampshire legislature of the dangers from landfills, as well as heightened awareness that DES historically has not done nearly enough to faithfully fulfill its mission to protect public health and welfare, there is hope that through new legislation and tougher oversight, DES will be encouraged (or maybe forced) to re-focus on its mission.
New Hampshire
As hoops betting spikes, it’s New Hampshire and other states vs. prediction markets
The state of New Hampshire receives revenue from sports wagers made with DraftKings, but officials are worried that people will switch to new prediction market platforms.
Zoey Knox/NHPR
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Zoey Knox/NHPR
Two things have New Hampshire state Sen. Tim Lang feeling blue.
“I do have a bracket. It broke pretty hard,” says Lang, a Republican, on the sorry state of his NCAA men’s basketball tournament predictions.
He says he’s also concerned about the outlook for state revenues. New Hampshire legalized sports wagering in 2019, the year after the U.S. Supreme Court cleared the way for states to legalize and regulate sports gambling. Since then, the state has raked in more than $170 million through a partnership with the wagering company DraftKings. Big money in a small state.

The rise of Kalshi and Polymarket — major players in the fast-growing world of prediction markets — could put a dent in those revenues, Lang fears. He says he plans to introduce legislation as early as this week that would clear the way for New Hampshire to join states around the U.S. in suing the prediction market companies.
“We have a revenue model for our sports betting that allows us to pay for education and other state services that Kalshi is completely going around by avoiding our gaming laws,” he says. “They should not be able to skirt our state laws.”
States are suing to regulate prediction markets
Prediction companies let customers buy “yes” or “no” futures contracts on the outcomes of world events, elections and, crucially for states, sports. Because the companies contend they’re operating as a financial market and not a sportsbook, the states don’t get a cut of the proceeds.
States including Connecticut, Michigan and Washington are in court battles with the prediction market companies. Arizona went so far as to charge Kalshi in criminal court for offering illegal sports wagers.

Kalsi and Polymarket didn’t respond to a request for comment for this story. In legal filings, Kalshi has argued that it’s already regulated by the federal Commodity Futures Trading Commission and that having to operate in 50 different ways to appease 50 different states isn’t possible. The Trump administration, so far, backs that view.
Courts so far have handed down mixed rulings, leaving a messy situation on the ground, especially about what’s considered sports gambling.
The law is unsettled so far
“Is sports betting and prediction market synonymous, or are they sufficiently distinct that there should be different treatment under the law? I mean, that’s an open-ended question,” says Michael McCann, director of the University of New Hampshire’s Sports and Entertainment Law Institute.
Even with the prospect of lost state revenues, not everyone in New Hampshire is eager to clamp down on prediction markets. John Stephen, an elected Republican member of the council that oversees state contracts, likes the competition that prediction markets bring.
“Companies that are trying to make money, and this entrepreneurial spirit that we have in this country, I value that,” he says.
Todd Bookman is a general assignment reporter for New Hampshire Public Radio.
New Hampshire
‘Bob’s Burgers’ actor Eugene Mirman rescued from fiery crash by New Hampshire governor’s detail
BEDFORD, N.H. (AP) — “Bob’s Burgers” voice actor and comedian Eugene Mirman suffered serious injuries after crashing his car into a toll plaza and being pulled from the fiery wreckage by a state trooper assigned to protect the governor of New Hampshire.
The crash happened just before noon Tuesday when a northbound electric vehicle struck the Bedford Toll Plaza and caught fire, New Hampshire State Police said. Republican Gov. Kelly Ayotte and her security detail came upon the crash soon after, and a trooper and two others pulled Mirman from the burning car through a window, said State Police Col. Mark Hall. The governor, who left her vehicle and retrieved a fire extinguisher, was not in any danger, he said.
“Eugene was in a very scary car accident,” Mirman’s agent Jay Glassner confirmed in a statement Wednesday. “He wants to thank the bystanders, state police, first responders and hospital staff who saved him. He is grateful to be on the mend. At this time, we kindly ask for privacy for Eugene and his family as he focuses on recovering from his injuries.”
Hall called the actions of the rescuers “heroic.”
“Without hesitation, they put themselves in danger to render aid to someone who was in need of it,” Hall said.
State police identified the driver as Yevgeny Mirman, 51, of Massachusetts. Mirman, who was born in Moscow and grew up in Massachusetts, is known for voicing musical middle child Gene Belcher in more than 300 episodes of the animated comedy “Bob’s Burgers” and its movie, in addition to roles on “Flight of the Conchords,” “Delocated” and “Archer.”
Ayotte said she and her husband were praying for the driver’s recovery.
“I want to thank the Trooper on my security detail and the bystanders who stepped up to help at the scene of the crash for their brave lifesaving efforts,” she said in a statement.
The crash remains under investigation. No charges have been filed.
New Hampshire
UNH Navigates DEI Commitments Amid State and Federal Pushback
As diversity, equity, and inclusion (DEI) initiatives face increasing scrutiny and legal challenges at the state and federal levels, the University of New Hampshire is reassessing how it maintains its institutional values while remaining compliant with the law.
Earlier this year, New Hampshire lawmakers passed House Bill 2, a sweeping budget bill that includes provisions limiting DEI-related programs at public institutions. The law has since prompted a lawsuit from the American Civil Liberties Union (ACLU) and advocacy groups representing LGBTQ+ students and educators, arguing that the restrictions could harm marginalized communities and limit educational opportunities.
According to the New Hampshire Bulletin, the legislation broadly restricts DEI initiatives in public institutions, creating uncertainty across schools and universities as leaders try to interpret what is and is not allowed.
Despite this shifting landscape, UNH administrators say the university remains committed to student success, inclusion, and academic freedom.
“Diversity, equity, and inclusion at New Hampshire public institutions, and at some privates, are in flux because at the state and federal levels, these practices are being challenged,” said Dr. Nadine Petty, associate vice president for community, equity, and diversity at UNH. “Through this process, what is most central to UNH’s mission is to ensure academic freedom is protected, that student success and well-being remain at the forefront of decision making, and that all related initiatives continue to foster an inclusive campus where all employees and students, regardless of their backgrounds and identities, can thrive.”
Petty described HB2 as “vague and convoluted,” noting that some interpretations of the law appear to conflict with existing federal civil rights and equal employment laws.
“One interpretation leads us to assume the state wants us to take action that would violate existing federal Equal Opportunity in Employment laws, Civil Rights laws, and other laws on both federal and state levels,” Petty said. “Since we do not think the state wants us to violate any existing laws, UNH’s interpretation is tied to the spirit of what we believe the state is getting at, which is to uphold the anti-discrimination laws that have been on the books for decades now.”
In a December 2025 blog update, UNH leadership similarly emphasized that the university is reviewing programs to ensure compliance while maintaining its commitment to inclusion, academic freedom, and student success. The university noted that it would continue to evaluate initiatives carefully as legal challenges and guidance evolve.
According to Petty, UNH has focused on ensuring programs remain inclusive and non-discriminatory, rather than targeting specific demographic groups for state-funded services.
“What’s interesting to note here is that without programs that address diversity, equity, and inclusion that educate people and build awareness, we likely would only promote the success of white, heterosexual, cisgender men over the success of others,” Petty said. “That is what higher education was founded on.”
Petty added that eliminating DEI-related services would disproportionately affect students from marginalized backgrounds, students she emphasized are also paying customers of the institution.
“It makes no sense to take their money and then decide we will not serve their needs,” Petty said.
At the federal level, Petty said recent rhetoric and policy shifts demonstrate what she sees as a widespread misunderstanding of DEI work.
“There is little to no understanding that diversity, equity, and inclusion covers a wide swath of demographic groups,” Petty said, pointing to veterans, students with disabilities, first-generation college students, and low-income families. “Yet that is exactly what has occurred with this administration’s anti-DEI rhetoric, whether intentionally or through a trickle-down effect.”
Petty also pushed back against the idea that DEI prioritizes identity over merit.
“This is an icky and dangerous belief and far from the truth,” Petty said, citing her experience on hiring committees. “Candidates of color are often weeded out of the search process or are not chosen for hire for ‘concerns’ that are overlooked in their white counterparts.”
From a legal standpoint, Chad Pimentel, UNH’s general counsel, said the impact of recent DEI-related legislation has varied across institutions.
“New Hampshire has a long-standing law prohibiting preferential treatment based on membership in a number of groups,” Pimentel said. “That meant that some recent federal law changes, like the Supreme Court’s Students for Fair Admissions decision banning race-conscious admissions, changed nothing for UNH even though they prompted a lot of attention and changes at other institutions.”
According to Pimentel, the most significant effect has been the need for careful program review to ensure compliance with state and federal law, particularly given the lack of clarity surrounding what qualifies as “DEI-related.”
“One of the trickiest areas is determining exactly what folks mean when they say that something is ‘DEI-related,” Pimentel said. “Programs that do not have ‘DEI’ in the title could still be affected by changes in the law.”
Pimentel added that ongoing legal challenges to the state law have left the university in a “wait-and-see mode.”
“The biggest challenge is the uncertainty of it all,” Pimentel said. “Once the dust settles, UNH and other public institutions will do what they have always done, support their students within the confines of the law.”
Petty said UNH has already made limited adjustments to program language and training content in response to the legislation. One example involved revising implicit bias training to emphasize that bias is a shared human condition rather than something tied to a specific group.
“The content was clear to begin with, but we thought it was important to be even clearer,” Petty said.
Still, Petty stressed that laws cannot dictate how individuals treat one another on campus.
“The government may be able to legislate the words we use, the services we provide, and how we go about our work, but they can’t legislate how we engage with each other,” Petty said. “Our actions should be our testament, not some words on a webpage somewhere.”
Looking ahead, Petty said DEI at UNH will continue to be shaped by external forces, but the university’s core mission remains unchanged.
“We could not call ourselves a public institution if we did not work to meet the needs of all students,” Petty said. “We would find a way to reach our end goal, even if how we went about doing it needed to shift.”
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