Rochester, NY (WBEN) Governor Cuomo says he's directed the DEC to the International Joint Commission for its mismanagement of Lake Ontario water levels that caused catastrophic damage to shoreline communities.
Cuomo says as a direct result of the IJC's mismanagement, extremely high water levels exacerbated damage to residences and businesses, swept away large swaths of the shoreline, and upended the lives of thousands of New Yorkers twice in the past three years. Property owners have suffered severe erosion and loss of vegetation, while the State sustained more than $4 million in property damage that it still has not been able to fully repair. The lawsuit argues that the IJC must compensate the State for the destruction resulting from water level mismanagement.
"The facts of the matter are plain: The IJC's function is to manage the Lake Ontario water levels, and they failed - period. They have been wholly unresponsive and have taken no action to make the situation better," Governor Cuomo said. "We will not shoulder the burden of the destruction that is a direct result of the IJC's gross mismanagement of Lake Ontario water levels, and the IJC needs to compensate New York for the severe damage to the homes and businesses along the shoreline. That's what this lawsuit is all about."
Specifically, the complaint asserts the following causes of action:
Negligence: IJC breached its duty by failing to take sufficient steps to protect the interests of New York property owners on the Lake Ontario shoreline.
Nuisance: Based on the severe flooding that resulted from IJC's mismanagement, IJC was or should have been substantially certain that its conduct would cause an invasion of the State's interest in the use and enjoyment of its land.
Trespass: IJC failed to increase outflows from Lake Ontario to lower water levels and abate flooding, which constituted an invasion of property.
Cuomo claims the State repeatedly called on the IJC to release as much water from the Moses Saunders Dam as possible. Rather than protect shoreline communities, the IJC has favored commercial shipping interests. In a June 8 letter to the U.S. and Canadian Chairpersons of the IJC, the Governor, on behalf of the State of New York, called on the commission to take immediate action to correct its water management protocols to remedy the ongoing threat to the citizens and businesses caused by Lake Ontario flooding. The Governor demanded that the IJC reimburse New York for its costs, and make additional funds available for resiliency projects and other protective measures made necessary by the IJC's acts and omissions. The IJC has failed to address any of these demands. Instead, the IJC has recently reduced the outflows slightly notwithstanding continued record-high water levels. As laid out in the DEC's complaint, the IJC can no longer hide behind a claim of sovereign immunity and must now answer for its negligent conduct and failure to adhere to obligatory requirements to address high water levels. The IJC's failure to take action compels this legal action.
Department of Environmental Conservation Commissioner Basil Seggos said, "Time and time again, Governor Cuomo has called on the IJC to put the safety and integrity of New York's shoreline communities ahead of shipping interests. And repeatedly, the IJC failed to act. New York State is making significant investments to improve the resiliency of homes and businesses along Lake Ontario. We are now demanding that the IJC do the responsible thing, and take action to safeguard our communities from high water."
In addition to delivering millions in funding to help restore residents and businesses affected by the rising water-levels on Lake Ontario, Cuomo says New York State has deployed more than 1.5 million sandbags, hundreds of pumps, and eleven thousand feet of temporary dams in eight counties along Lake Ontario in preparation for damage caused by high water levels. He notes New York State will continue to take aggressive action to ensure residents and businesses are protected from these high-water levels, but the state should not have to bear the costs without any action from the IJC.