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The legal challenge, which was filed Friday in Cayuga County Court, claims the state Department of Health erred by determining that a provision of New York's agriculture and markets law prevents the agency from regulating nutrient pollution. The decision led the department to deny a request from the city and town for nutrient management regulations, according to the court filing. 

The state Department of Health is also accused of not following the Public Health Law procedure for updating watershed rules and regulations and violating the constitutional right to clean water and a healthful environment — an amendment that was approved by New York voters in 2021. 

Auburn, Owasco and OWLA opted to sue the state after a years-long effort to revise the watershed rules and regulations — policies that have not been updated in nearly 40 years. 

After the harmful algal blooms threatened Owasco Lake's drinking water supply, local stakeholders began the process in 2017. It culminated in the approval of proposed rule changes that were submitted to the state Department of Health in 2020. The agency did not issue a formal response until 2022, likely due to the COVID-19 pandemic. 

It wasn't until last summer that the department outlined its own revisions to the rules and regulations, which local officials believe actually weaken the existing protections. One of the notable differences between the local and state proposals is the state largely stripped the nutrient management regulations from its plan. 

Locals are seeking updated nutrient management rules, particularly for farms, to combat the development of harmful algal blooms. A study, which was funded by the state, found that farmland is the main source of phosphorus that is entering Owasco Lake. 

When the state's proposal was released, Auburn Mayor Jimmy Giannettino — then a city councilor — said the department had "failed" those in the Owasco Lake watershed. 

Although the state Department of Health committed to a public process for updating the watershed rules and regulations, the lawsuit alleges that the agency is violating the law. 

"(The state Department of Health) has decided to publish its revised nutrient management section in the state register without first obtaining agreement from the suppliers of water," the filing states. "DOH has taken further actions, including at least the preparation of necessary documents for the (State Administrative Procedure Act) process, to implement this decision." 

While the dispute over the watershed rule and regulation process is not new, the lawsuit takes the conflict a step further. Local leaders, represented by the nonprofit Earthjustice, accuse the state Department of Health of violating the newly established constitutional right to clean water and a healthful environment. 

Since the amendment was passed in 2021, there have been other lawsuits filed across New York. In this case, the state is accused of violating the constitutional rights of local residents "because they drink, recreate in and otherwise use Owasco Lake's water and will be harmed by these decisions." 

More information about the case, including court appearances, wasn't immediately available.