Court Orders New York State to Act on Drinking Water Crisis in Cayuga County

Albany, N.Y. —

A New York court ruled that the state Department of Health (DOH) broke the law by refusing to help protect Owasco Lake from agricultural pollution that is reaching the drinking water of 45,000 people in Cayuga County. The Albany County Supreme Court ordered the state to work with local governments on commonsense safeguards to keep harmful contaminants out of the lake and ensure clean, safe water for families who depend on it.

Owasco Lake is plagued by harmful algal blooms stemming from pollution from agricultural runoff, including manure. These blooms, which release toxins linked to liver damage and cancer, have forced beach closures and costly water treatment efforts, burdening local taxpayers. The July 1 court decision is a major victory for public health and environmental protections in upstate New York.

“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, which represented the City of Auburn, the Town of Owasco, and the Owasco Watershed Lake Association (OWLA).

For years, the City of Auburn and the Town of Owasco urged DOH to update so-called Watershed Rules and Regulations to address agricultural runoff, the primary cause of these blooms. Auburn and Owasco have long proposed mandating the adoption of best management practices to stop manure and other forms of pollution from reaching Owasco Lake.

“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 James N. Giannettino, Jr. “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.”

In line with longstanding DOH policy, the agency initially agreed to work with the communities. But after nearly two years of collaboration, DOH abruptly reversed course, claiming new protections were unnecessary to protect Owasco Lake from contamination. The court firmly rejected this claim, calling the decision “contrary to all relevant science” and “the definition of arbitrary and capricious.”

“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.

DOH’s failure to act is part of a troubling pattern. In late 2023, the agency claimed it had lost its authority to protect drinking water sources from agricultural pollution — a move the same court rejected in May. Then, in December 2024, DOH withdrew its decades-old policy of working with local governments to draft protective standards, sidelining communities from safeguarding their water supply.

“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 lawsuit against DOH was filed in November 2024.