Appellate Court Determines Seneca Lake Guardian has Right to Sue NYS-DEC for Permit on PFAS-containing Liquid Discharge on Cayuga Lake

On Thursday, a New York appellate court agreed that advocates could challenge a permit that would allow liquid waste containing dangerous forever chemicals, PFAS, to be discharged into Cayuga Lake, harming community members who use the lake for swimming, fishing, and drinking water.

In October 2022, Seneca Lake Guardian (SLG) sued the NYS Department of Environmental Conservation (DEC) for granting a permit to a solid waste facility called County Line. County Line had not verified that it could properly dispose of the liquid waste, or leachate, that will be created at the facility. Specifically, before receiving the permit, County Line had not shown that it could safely handle leachate containing toxic per- or polyfluoroalkyl substances or “PFAS,” also called “forever chemicals” because they persist in the environment and people’s bodies. Even small amounts of PFAS can cause cancer and affect people’s immune, reproductive, and nervous systems. County Line plans to send its leachate to a wastewater treatment plant in Ithaca that discharges into Cayuga Lake but does not have the equipment to remove PFAS from leachate. The discharge poses a threat to people, including Seneca Lake Guardian members, who rely on the lake for drinking water and recreation.

Last year, the Supreme Court for Tompkins County dismissed Seneca Lake Guardian’s lawsuit, concluding that the group lacked standing, or the right to sue, because it was merely speculating that PFAS from County Line’s leachate would harm its members. On Thursday, the Appellate Division for the Third Judicial Department reversed, holding that the harm is not speculative and is sufficient to allow SLG to challenge the permit.

“We are thankful that we can now move forward with our lawsuit against NYS-DEC’s unjustified permit approval for toxic waste discharge on our treasured lake. Cayuga Lake is the longest of New York’s glacial Finger Lakes and serves to cool us during hot summer days and is a major source of our drinking water,” said Yvonne Taylor, Co-founder of Seneca Lake Guardian. “With DEC’s permit, a solid waste facility was granted a permit to discharge PFAS-containing liquid, a toxic chemical the State of New York has already banned from other sources. It does not belong in our drinking water and we are here to ensure polluters stay out.”

“As the appellate court made clear, people who drink water from a lake have every right to challenge decisions that could pollute that lake,” said Hillary Aidun, Earthjustice senior associate attorney. “We look forward to showing that the Department of Environmental Conservation has to follow its own waste management regulations and ensure that PFAS is properly handled without harming New Yorkers’ health and safety.”

Seneca Lake Guardian is a New York State Not-for-Profit Corporation with 501(c)(3) and is dedicated to preserving and protecting the health of the Finger Lakes, its residents and visitors, its rural community character, and its agricultural and tourist related businesses through public education, citizen participation, engagement with decision makers, and networking with like-minded organizations.