New York City lays claim to the champagne of tap water. Considered the secret behind the world’s finest bagels and pizzas, New York City’s water is supplied by the largest unfiltered system in the United States. This system relies almost entirely on gravity to transport water over 100 miles from the Catskill Mountains to the five boroughs. But in spite of its reputation as a natural and architectural wonder, the water system has been the subject of a series of lawsuits over the past two decades brought by environmental organizations that fear pollution in New York’s waters.
The Second Circuit’s recent decision in Catskill Mountains Chapter of Trout Unlimited v. Envtl. Prot. Agency, in a decision written by Judge Robert Sack, likely puts to rest this protracted legal battle. No. 14-1823, 2017 WL 192707 (2d Cir. Jan. 18, 2017) (Catskill II). It also clarifies the circuit’s jurisprudence on Chevron deference.
