Skip to content
Home » News » Environment » Auburn, Owasco officials file lawsuit against state over Owasco Lake protections

Auburn, Owasco officials file lawsuit against state over Owasco Lake protections

Local leaders in Auburn and Owasco have taken legal action against the New York State Department of Health (DOH) over its refusal to enact stricter water quality regulations for Owasco Lake, the primary drinking water source for 45,000 Cayuga County residents. The lawsuit, filed on Dec. 5 in Cayuga County Supreme Court, argues that the state’s decision is unsupported by science and undermines public health.

Owasco Lake, plagued by harmful algal blooms since 2016, has prompted officials to push for new watershed rules to manage pollution. In 2020, the City of Auburn and the Town of Owasco submitted a formal request to the DOH for updated regulations. However, in July, the DOH rejected the proposal, stating no new measures were necessary.


Auburn Mayor James N. Giannettino, Jr. condemned the decision. “The State Department of Health has a duty to protect drinking water sources across New York. The decision to abandon Cayuga County amid our harmful algal bloom crisis has no basis in reason, in science, or in the law,” Giannettino said. “We feel betrayed. But we are fighting back to make sure the State protects our residents from toxic harmful algal blooms.”

Owasco Town Supervisor Ed Wagner echoed these sentiments, noting the state’s inconsistency. “The State Department of Health has acknowledged Owasco Lake’s water quality issues and until recently agreed with the City of Auburn and the Town of Owasco to create new regulations to protect Owasco Lake. Harmful algal blooms continue to roil the Owasco Lake watershed, and the Department’s determinations and decisions are making it more difficult to protect Cayuga County residents.”

The Owasco Watershed Lake Association (OWLA), which joined the lawsuit, also expressed frustration. Carol Sutkus, OWLA’s president, highlighted the lack of transparency in the state’s decision-making. “We are stunned by the State’s about-face. The State made a decision about our lake and our drinking water, but they provided no reasoning and no data to support the decision,” she said.


Owasco Lake supplies water for drinking, recreation, and local businesses. Reports like the state-endorsed Nine Element Plan and the Harmful Algal Bloom Action Plan have identified nutrient and sediment pollution as key factors contributing to the lake’s deteriorating health. Despite these findings, the state’s rejection of new regulations has left local officials scrambling for other solutions.

The lawsuit aims to compel the Department of Health to reconsider its stance and adopt measures to protect the lake from further contamination. The legal filing is an Article 78 petition, a type of lawsuit used to challenge decisions made by state agencies.

The Owasco Watershed Lake Association continues to advocate for the lake’s long-term health. More information about their efforts can be found at owla.org.