Gov. Kelly Ayotte chose Bryan Gould, an attorney and lobbyist for Casella Waste Systems, as her nominee for the New Hampshire Supreme Court last week, drawing concern across party lines about his selection could mean for the future of the state’s environmental protections.
Gould is currently the lead attorney representing Casella in its lawsuit against the New Hampshire Department of Environmental Services, after regulators denied a key permit for the company’s plan to build a landfill in the North Country.
Casella, a waste company based in Vermont, filed the lawsuit against the state in Merrimack Superior Court in May.
State Rep. Kelley Potenza, a Republican representing Rochester, said that while she highly respects Ayotte for bringing waste issues to the forefront, Gould’s confirmation to the state’s highest court could be a “huge problem.”
“His relationship is incestuous with industry, as well as has an active lawsuit against the state right now,” she said. “What is she thinking? She literally put forward one of the worst offenders who has trampled on the rights of citizens in the highest position of judicial power in New Hampshire.”
Gould, a director at the Concord law firm Cleveland Waters and Bass, also served as legal counsel for Ayotte’s gubernatorial campaign. In May, Ayotte appointed him to a six-member judicial selection commission.
Gould has also represented the New Hampshire Republican State Committee.
He could not be reached for comment.
What is she thinking? She literally put forward one of the worst offenders who has trampled on the rights of citizens in the highest position of judicial power in New Hampshire.
State Rep. Kelley Potenza
Conflicts of interest
In 2023, emails revealed that the state’s environmental agency consulted Gould during the legislative session on edits to a bill. In its original form, the legislation would have made it difficult for Casella to site a landfill in Dalton.
John Corbett, a spokesperson for Ayotte, said Gould’s conflicts of interest would not affect the cases he hears should he be confirmed to the state Supreme Court.
“While Gov. Ayotte strongly opposes a landfill at Forest Lake, she knows Bryan Gould will continue to operate with the strongest professional ethics and recuse himself from cases involving Casella and the proposed project in Dalton,” he said in a statement. “The governor is confident Gould will uphold our Constitution and lead with fairness and sound judgment as he hears cases that come before the Court.”
Financial ties
Gould has worked as a lobbyist for Casella since 2020.
This year, he has already received $99,050 in lobbying fees from the company, with $65,857 still outstanding, according to his financial filings with the Secretary of State. In 2024, he was paid $72,804 for his lobbying work.
State Rep. Nick Germana, a Democrat from Keene, said that there are many other qualified candidates who wouldn’t face potential conflicts of interest.
“The fact that he has been involved and continues to be involved in these legal actions between his out-of-state client and the state of New Hampshire certainly makes it a lot more disconcerting,” Germana said.
He also questioned Ayotte’s decision to nominate someone at 66, calling it “odd” for a new justice.
In New Hampshire, the mandatory retirement age for judges is 70.
“It’s really difficult to believe that the motivation behind this is anything other than simply rewarding a political loyalist,” Germana said. “So, the fact that he has been involved, and continues to be involved in these legal actions between his out-of-state client and the state of New Hampshire, certainly makes it a lot more disconcerting.”
Given Casella’s history of aggressively defending its landfill operations, its dispute with the Department of Environmental Services could eventually reach the Supreme Court, where Gould’s presence might influence the outcome.
“Behind the scenes, he could easily still be advising because he’s deeply entrenched in working in the environmental space on behalf of big business,” Potenza said. “If he is confirmed, who would provide the oversight and ensure it didn’t happen?”
For environmental advocates, Gould’s nomination raises concerns not just about the state’s landfill practices but about his broader impact on the environment as well.
Wayne Morrison, president of North Country Alliance for Balanced Change, a group that has opposed Casella’s landfill in Dalton, said Gould’s career choices concern him.
“The Supreme Court will end up ruling on a lot of environmental issues, and I’m not sure he represents the the direction I’d like to see the state go on,” Morrison said.
The Executive Council will hold a public hearing on Gould’s nomination on Sept. 12 at 10:30 a.m. in the Executive Council Chamber at the State House.