- Court
- New York Supreme Court, Appellate Division, Second Department
- Case
- Matter of Riverkeeper, Inc. v. New York City Department of Environmental Protection
- Date
- June 3, 2026
- Slip Op. No.
- 2026 NY Slip Op 03443
Background
Petitioners Riverkeeper, Inc. and others commenced this hybrid CPLR Article 78 proceeding and declaratory judgment action against the New York City Department of Environmental Protection (DEP). Petitioners alleged that DEP violated the Sewage Pollution Right to Know Act (SPRTKA), codified at ECL 17-0826-a, and 6 NYCRR 750-2.7(b)(2), by failing to comply with public notification requirements regarding discharges of untreated and partially untreated sewage into New York waterways.
The SPRTKA requires DEP to promptly notify the public of combined sewer overflow events. Petitioners sought mandamus to compel compliance and a declaration that DEP’s practices violated the statute. Supreme Court, Queens County (Chereré A. Buggs, J.), granted the mandamus relief and summary judgment on the declaratory cause of action. DEP moved for reargument, and upon reargument, the court adhered to its prior determination. DEP appealed.
Holding
The Appellate Division, Second Department, affirmed, with costs, and remitted for entry of an amended judgment declaring that DEP’s past failures to notify the public of sewage discharges on a waterbody-specific or individual combined sewer overflow basis violated the law, and that DEP’s water quality advisories in their current form do not comply with the SPRTKA.
The Court upheld the mandamus relief, finding that DEP had a clear legal duty under the SPRTKA to provide prompt, event-specific public notification of sewage discharges, and that this duty was sufficiently ministerial to support mandamus. DEP’s failure to notify on a waterbody-specific and individual-event basis—rather than through generalized water quality advisories—constituted a violation of its statutory obligations. The declaratory judgment confirming the violation was also proper.
Takeaways
This significant environmental law decision confirms that the Sewage Pollution Right to Know Act imposes a mandatory, non-discretionary duty on DEP to notify the public of specific sewage discharge events. Generalized water quality advisories that do not identify specific waterbodies or individual overflow events are insufficient to satisfy the statute. The decision demonstrates that mandamus relief is available to compel compliance with environmental notification statutes where the duty is ministerial and clearly established by law.
Why It Matters
This ruling has major implications for environmental protection and public health in New York City. By compelling event-specific notification of sewage overflows, the decision ensures that the public receives timely, actionable information about water quality hazards rather than vague advisories. Environmental advocacy organizations now have precedential support for enforcing the SPRTKA through Article 78 proceedings. For DEP and other municipal agencies, the decision clarifies that compliance with notification statutes requires granular, event-by-event reporting, not merely posting general warnings. The ruling may also influence future legislative efforts to strengthen environmental notification requirements statewide.