Cuomo To Sue Over Dredge Dumping in Sound, Environmentalists Applaud

New York State Governor Andrew Cuomo announced the state's intent to sue the United States Environmental Protection Agency over a decision to designate eastern Long Island Sound as a permanent dredge dumping site — great news for environmentalists and elected officials who have long railed against the dumping.

In a notice filed Tuesday, New York informed the federal government that the EPA's designation of the eastern Long Island Sound as a disposal site is a direct violation of the designation criteria outlined in existing federal law, referred to as the "Ocean Dumping Act," according to a release from Cuomo.

"As I have said time and again, New York is deeply concerned with the EPA's efforts to designate a permanent dumping site in the eastern part of the Long Island Sound," Cuomo said. "Continuing to use this precious economic and ecological resource as a dumping ground is unacceptable and — on behalf of current and future generations of New Yorkers — we intend to fight this decision using any and all legal means."

New York's notice of intent to sue came on the same day as the EPA's publication of its final rule designating the disposal site, the release said.

The state must now wait 60 days from the date of the letter before filing a legal claim against the EPA under the Ocean Dumping Act.

In 2005, New York State called for, and EPA subsequently established, a regulatory goal of reducing or eliminating dredged material disposal in the open waters of the Long Island Sound. The EPA's plan to allow new dumping sites in eastern Long Island Sound contradicts that agreement, Cuomo said.

According to an examination conducted by the New York Departments of State and Environmental Conservation, 'the EPA has not sufficiently considered the cumulative effects of dumping dredged materials into the Sound, did not prioritize alternatives to open water dumping, and didn’t go far enough in analyzing other existing and available disposal sites," the release added.

Increasing the volume of open-water disposal of dredged materials, and the number and availability of open water disposal sites, "is inconsistent with public investment and policies that are already in place aimed at restoring the Long Island Sound. Further, the EPA has not been responsive to the State's concern about the sediment testing and its reliability and has made insufficient assurances that the dredged material will not have a negative impact on the environment," the release added.

Applause for the Governor's plan

Locally, elected officials and environmentalists applauded the news.

"I think that the State should commit all of the resources it can to try to block this foolish plan," said Southold Town Supervisor Scott Russell. "It's a shame that federal agencies are so unresponsive to the very citizens they are supposed to serve that New York State is forced to take legal action. I guess their thinking is that dumping dredge spoils in a national estuary = good, a handful of signs along the roadside = bad."

Environmentalists were "thrilled" Tuesday as Cuomo announced the intent to move forward with litigation.

According to a release from Adrienne Esposito, executive director for the Citizens Campaign for the Environment, the EPA is ignoring the 2005 agreement and moving forward with expanding additional long term dump sites in the eastern portion of the Long Island Sound.

“EPA’s expansion of dumping in the Long Island Sound is a reckless plan that will damage this estuary," Esposito said. "Long Island Sound is an ecological gem that should not to be used as a dump site. The Sound is an extension of our backyards; a beloved waterway for fishing, swimming, clamming, boating, kayaking, and more. We are grateful that New York understands the economic and environmental value of this precious resource and is willing to fight to protect it. We have made great strides in restoring the health of the Sound, seeing dolphins and whales return. Continued dumping thwarts this progress."

She added, "Long Island Sound cannot and should not be taken for granted. We are immensely grateful for Governor Cuomo’s continued commitment to protect and restore our waters: he is a true water warrior.”

The EPA, in a statement, said the agency could not comment on potential or ongoing litigation.

However, Dave Deegan of EPA media relations sent a previous quote from EPA Region 1 Administrator Curt Spalding: “Our decision is based on sound science, reflects extensive public input, and strikes an appropriate balance between the need for dredging to maintain safe navigation and protecting the significant natural resources of Long Island Sound. The site protections and restrictions we included in the final rule are intended to help meet the goal of reducing or eliminating dredged material disposal in the open waters of Long Island Sound.”