A court has sided with the City of Auburn, Town of Owasco, and the Owasco Watershed Lake Association in its Article 78 lawsuit against the New York State Department of Health’s (DOH) refusal to update the Watershed Rules & Regulations for Owasco Lake, which had not been updated since their implementation in 1984.
Earthjustice, the environmental law firm that represented the city, town, and lake association, has announced that, on July 1, the New York State Supreme Court rejected the DOH’s claim that new protections were unnecessary for Owasco Lake. The court called the claim “contrary to all relevant science” and “the definition of arbitrary and capricious.”
“The state has a duty to protect drinking water and must work with local communities, not against them, to stop pollution from contaminating Owasco Lake,” said Michael Youhana, senior associate attorney at Earthjustice.
Auburn and Owasco have spent years trying to update the Watershed Rules & Regulations to address agricultural runoff into the lake, which increases the likelihood of harmful algal blooms (HABs). After two years of collaboration, the DOH suddenly decided that new protections were unnecessary to protect the lake, prompting the three parties to file suit in November 2024.
“This court ruling is further affirmation that local efforts to protect Owasco Lake are in line with the constitutional right of all New Yorkers to clean, safe drinking water,” said Auburn Mayor Jimmy Giannettino. “The judge’s decision points to scientific proof that our water quality continues to be degraded while State agencies have abdicated their responsibilities. I call on Governor Hochul to direct her agency heads to take real and immediate action.”
Owasco Lake serves as the source of drinking water for over 45,000 people and is also a popular tourism and recreation spot. Increased HABs jeopardize the lake’s ability to continue being used for such purposes.
“This decision reaffirms what science and common sense have long told us: we must address nutrient pollution to safeguard Owasco Lake and the health of those who depend on it,” said Owasco’s Town Supervisor Edward Wagner.
Thanks to the decision, Auburn, Owasco, and OWLA hope to finally make meaningful updates to the Watershed Rules & Regulations.
“OWLA is relieved that the Court recognizes the challenges Owasco Lake is facing and will not let the State ignore those issues. We look forward to working with the Governor, the state Department of Health, and other stakeholders to update the Rules and Regulations to better protect Owasco Lake,” said Carol Sutkus, OWLA president.
This is not the first suit made against the DOH to protect the health of the lake. After the DOH announced that it lacked the authority to update the Rules & Regulations, Auburn, Owasco, and OWLA, with the assistance of Earthjustice, filed suit against the department in January 2024. On May 6, 2025, the Albany Supreme Court ruled in favor of the trio, stating that the DOH had the authority to issue Watershed Rules & Regulations.
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