By By CHARLOTTE MATHERLY Concord Monitor,Charlotte Matherly Concord Monitor

Copyright keenesentinel

Eliot Wessler has been against the Casella landfill at Forest Lake in Dalton since the beginning.

A resident of Whitefield, one town over, Wessler lives less than a mile from the proposed site, and he and other environmental advocates were “thrilled” when Gov. Kelly Ayotte came out so strongly against the proposal on the campaign trail last year.

Her nomination of Casella Waste Systems’ lead attorney, Bryan Gould, to serve on the N.H. Supreme Court made him question the governor’s commitment to kill the project. In Wessler’s opinion, the ferocity with which Gould has defended the Vermont-based waste management company should disqualify him from serving on the bench.

“He just doesn’t have the judicial temperament given his overly aggressive representation of Casella,” Wessler said.

Gould was confirmed by the Executive Council on Wednesday with a 4-1 vote.

His ties to Casella subjected him to tough questions at a public hearing last week.

Casella is currently appealing New Hampshire’s decision to reject a permit for a landfill near Forest Lake State Park in Dalton and holds a controversial environmental record in the state. Gould pledged to recuse himself from any cases involving the company and the Republican Party, as he’s long represented conservative leaders, including Gov. Kelly Ayotte during her gubernatorial campaign.

“Attorney Gould knows that the principle of politics has no place in the judiciary, and independence is what I believe strongly after the hearing, after the meeting, and he will assert,” John Stephen, a Republican executive councilor from Manchester, said prior to the vote.

Wessler doesn’t buy it: Gould’s statement at the hearing that he “couldn’t imagine a situation in which I would be able to sit on a case involving Casella as a client” left room for interpretation.

“Why should it be an open question?” Wessler asked.

He wanted that commitment to be worded more strongly.

“In my opinion, that’s just not good enough,” Wessler said.

Gould also said at the hearing that judges should set aside their personal convictions. Karen Liot Hill, a Democrat from Lebanon, voted against his confirmation, saying she wasn’t satisfied that he’d be neutral on hot-button political issues where she said he has previously represented partisan interests. In the Claremont and ConVal cases, for example, the N.H. Supreme Court recently ruled that the state should rework its education funding formula to increase state aid for local school districts.

“With so much at stake for our children, our democracy and the balance of powers in state government, I cannot support a nominee who will not provide the public with assurances of independence,” Liot Hill said.

Gould, 67, is only eligible to serve for three years, since the N.H. Constitution requires judges and justices to retire at age 70.

He replaces Justice James Bassett, who retired in August.

Formella to serve another term

Also on Wednesday, John Formella easily secured a second four-year term as attorney general, with Republican executive councilors praising what they described as prompt, cogent and clear advice they’ve received from him.

Survivors of abuse at former state-run youth detention centers, some of whom are currently suing Formella, Ayotte and the state over changes to their settlement fund, previously urged the council to reject his nomination.

Liot Hill, the lone Democrat on the Council, recused herself from Formella’s confirmation. Republican lawmakers have mounted a pressure campaign against her in recent weeks with Jim MacEachern, chairman of the N.H. Republican State Committee, asking Formella to investigate her role in bringing a lawsuit that challenges a new state voting law.

Formella, first appointed to the job by former Gov. Chris Sununu in 2021, has expanded the Department of Justice’s Cold Case Unit; prosecuted civil rights cases, like the neo-Nazi group NSC-131; and joined with other states to sue large companies, including Purdue Pharma for its part in the opioid crisis and Meta for its platforms’ addictive qualities. He’s also the president of the National Association of Attorneys General.