Court Rules New York Must Do More to Protect Long Island Sound

The Westchester County Supreme Court, in response to a lawsuit filed by Save the Sound and other environmental organizations in Connecticut and New York, has ruled New York State must take new measures to reduce the impact its storm water runoff is having on the .

According to a report in , the court has ordered the New York Department of Environmental Conservation “to fix several major flaws in the statewide general storm water permit to ensure that all Clean Water Act requirements are met.”

The ruling does not outline specific measures to be taken in terms of storm water treatment — that remains the responsibility of the individual municipalities — however it requires the NYDEC to review each municipality’s plan for treating storm water runoff, to ensure those plans are in keeping with the US Clean Water Act. Prior to the ruling there was no requirement for the NYDEC to review such plans.

In addition the ruling requires municipalities to develop and maintain schedules for meeting pollution reduction goals — and to submit those to the NYDEC to ensure they are making steady progress toward reducing storm water pollution.

The ruling also requires municipalities and the NYDEC to make all hearings in connection with the permit open to the public. Previously the general public did not have the right to participate in DEC hearings when a municipality’s proposed storm water pollution control measures were reviewed. This blocked residents from objecting to proposals that failed to meet state and federal standards.

The lawsuit was filed in 2010 by the National Resources Defense Council along with a coalition of environmental groups in Connecticut, New York and New Jersey, including Save the Sound, Riverkeeper, Waterkeeper Alliance, Soundkeeper, Peconic Baykeeper, NY/NJ Baykeeper and Hackensack Riverkeeper, according to the report.

In September the Long Island Sound Study (LISS) Citizens Advisory Committee (CAC), in cooperation with the U.S. Environmental Protection Agency (EPA) in Connecticut and New York; the Connecticut Department of Energy and Environmental Protection; and the New York Department of Environmental Conservation, unveiled an ambitious .

The CAC’s “Action Agenda: 2011-2013” or "," contains 54 actions to “improve water quality, restore habitat, conserve land, maintain biodiversity, and increase opportunities for human use and enjoyment of the Sound.” Specific goals include further reducing the amount of nitrogen discharged into Long Island Sound; reducing non-point source pollution; preserving and protecting more natural habitat; installing more fish ladders on rivers and streams; mitigating the impact from storm drainage systems; and improving the health of the estuaries that are part of the Sound’s ecosystem.

During a September meeting at the , several environmental officials said they were looking forward to New York state implementing stricter policies with regard to storm water runoff, however the lawsuit was not mentioned.