Bryan Gould faced a series of tough questions during his nomination hearing to serve as a New Hampshire Supreme Court Justice —but one in particular addressed the topic many attendees wanted to know.
“Will you recuse yourself from anything related to Casella that might come before you?” asked Executive Councilor Joseph Kenney.
Without hesitation, Gould responded: “Yes.”
Gould is the lead attorney and a registered lobbyist for Casella Waste Systems, a Vermont-based waste management company. He is currently representing the company in two appeals against the New Hampshire Department of Environmental Services, which denied a permit for Casella to build a 180-acre landfill next to Forest Lake State Park in Dalton—a project residents and environmental groups have opposed for seven years.
“I’ve represented the company for over 30 years,” said Gould. “I couldn’t imagine a situation in which I would be able to sit on a case involving Casella as a client.”
Despite his assurances, many at Friday’s hearing before the Executive Council in Representatives Hall questioned the nomination because of Gould’s long ties to Casella and the company’s controversial environmental record in New Hampshire.
State Rep. Linda Haskins, a member of the House Environment and Agriculture Committee, pointed out the irony.
Gov. Kelly Ayotte has said she is not in favor of Casella’s Dalton landfill because of its location.
“Why then did she nominate the prime lobbyist of Casella Waste Systems to the highest court in New Hampshire?”
Gould has also represented Acuity Management, a company that sought to add construction and demolition debris to a Claremont recycling facility, a plan opposed by local residents concerned that the town was becoming a dumping ground.
“There’s a clear conflict of interest in Gould’s ability to care about the duties of the Supreme Court justice when he has consistently represented out-of-state corporate interests, not the best interest of New Hampshire residents, nor the state of New Hampshire,” said Eva Westheimer, an organizer with Slingshot, an environmental advocacy agency.
Despite drawing criticism at the hearing, Gould won praise from many state officials and politicians.
David Scanlan called the 66-year-old attorney and director at the Concord law firm Cleveland Waters and Bass,“exceptional” based on his experience working with him.
“There’s not a question in my mind about his ability to interpret the Constitution and apply it appropriately to any matter that might come before the Supreme Court,” Scalan said. “I just think that he’s an excellent choice.”
Ken Merrifield, commissioner of the state Department of Labor, praised Gould as “brilliant” and as “one of the smartest, most educated people” he has worked with.
As a lobbyist, Gould is required to file quarterly reports with the Secretary of State.
Financial disclosures show Gould has collected $99,050 in fees from Casella this year, with another $65,857 outstanding. In 2024, he reported earning $72,804 for his lobbying work with the company.
Throughout questioning by the executive councilors, Gould described his judicial philosophy as “textualist and originalist.”
Beyond his ties to Casella, concerns also emerged about Gould’s close connections to Republican interests.
Gould served as legal counsel for Ayotte’s gubernatorial campaign. He’s also been a lead counsel for New Hampshire Republicans for decades, representing GOP clients in election law matters.
Executive Councilor Karen Liot Hill, a Democrat, asked Gould whether such partisan affiliations could cause people to “question their ability to be impressionable.”
Gould said that every judicial candidate has personal convictions; what matters is how they approach them.
“I’ve always thought, part of my responsibility as a solicitor was to stand up for things I believed in and to support the part of which I agree,” Gould said. “But, once you decide that you’re going to become a judge, you have to set that aside.”
Democrats urging the Republican-led Executive Council to reject Gould said it is more important than ever to take every step necessary to maintain public trust in the government.
State Rep. Nick Germana, a Keene Democrat, said the perception is that this nomination is of an “insider.”
“The public percieves that we are here for the primary purpose of advancing our own partisan political interests,” Germana said. “This confirmation does nothing but reaffirm that perception.”
