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In the lawsuit, the municipalities and OWLA say the state Department of Health "had no valid reason" for denying the rulemaking request and failed to explain why it changed its "longstanding position on the importance of promulgating new (watershed rules and regulations) for Owasco Lake." 

The lawsuit, which was filed Nov. 22 in Cayuga County Supreme Court, seeks to annul the department's decision not to advance the updated rules.Ìý

Auburn Mayor Jimmy Giannettino said in a statement that the watershed needs new regulations and the lawsuit challenges "the state's about-face." 

"DOH-endorsed, science-based reports like the Nine Element Plan and the (harmful algal blooms) action plan recognize the need to control sediment and septic system pollution in Owasco Lake," he continued. "The decision to abandon Cayuga County residents amid our harmful algal bloom crisis has no basis in reason, in science or in the law. We feel betrayed." 

Owasco Supervisor Ed Wagner added that the state Department of Health is "entrusted to protect drinking water sources and they're doing everything they can not to protect it." 

The second lawsuit, Wagner said, is a continuation of the fight that "we're not going to give up until we prevail." 

A spokesperson for the state Department of Health said the agency does not comment on ongoing or pending litigation.Ìý

The years-long effort to update the watershed rules and regulations began after high levels of algal toxins were found in the drinking water supply in 2016. The state provided $2 million for the city and town to install filtration systems to protect the water against these toxins, but the long-term plan was to update the watershed rules. The last time the regulations were updated was 1984.Ìý

Stakeholders collaborated for three years to develop the proposed rule changes that were submitted to the state in 2020.Ìý

In 2023, the state Department of Health responded with its own proposal. Under the state plan, the rules would not include regulations targeting nutrient management. The local plan included those provisions because of concerns about how nutrient runoff, especially phosphorus, is contributing to the development of harmful algal blooms.Ìý

The city, town and OWLA filed a lawsuit in January accusing the department of violating state Public Health Law and a constitutional amendment granting New Yorkers the right to clean water. That lawsuit, which has been moved to Albany, is pending.Ìý

But the latest lawsuit is based on the state Department of Health's notification in July that it would not amend the watershed rules and regulations because the changes "are not necessary to ensure potable water quality for the foreseeable future." This outraged local officials, including Giannettino, who said the department "sabotaged" the process.Ìý

Meanwhile, the harmful algal bloom issue worsened this year. More blooms were spotted on Owasco Lake, along with other lakes in the region. Local leaders urged the state to take action to protect Owasco Lake, which is the drinking water source for 45,000 Cayuga County residents.Ìý