Gov. Andrew Cuomo and Attorney General Eric Schneiderman filed a lawsuit against the U.S. Environmental Protection Agency Thursday challenging its decision to allow dredging sediments to be dumped into the Long Island Sound.
In the lawsuit filed in the U.S. District Court for the Eastern District of New York in Brooklyn, Schneiderman asked the court to block the newly designated dumping site because the EPA’s actions were “arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law.”
The lawsuit claims that the EPA didn’t adequately prove the need for a new dumping ground—the third in the Long Island Sound—and didn’t consider using existing sites. The state also claims that the EPA didn’t consider the health or environmental impact of the proposed dumping.
In a statement, Cuomo said that the EPA’s decision to designate a permanent open water disposal site in eastern Long Island Sound poses a “major threat to a significant commercial and recreational resource, but it also undermines New York’s long-standing efforts to end dumping in our treasured waters.”
The Democratic governor in December announced plans to sue the EPA over the disposal site, arguing that it is a “direct violation of the designation criteria outlined” in the federal Ocean Dumping Act.
A spokesman for the EPA said the agency “does not comment on potential or ongoing litigation.”