The Town of Ellery and the Chautauqua Lake Partnership organization are suing the New York State Department of Environmental Conservation (NYSDEC). They claim the DEC wrongfully placed limits on the areas of the lake where the herbicide ProcellaCOR can be applied this past summer – specifically in the Town of Ellery.
The two plaintiffs also claim the current herbicide that is being used is safe and effective, and also say that the areas of the lake recently treated appear much better than other spots that were not allowed to be treated by the DEC. As a result, they are request the court provide the following judgement in their favor:
- Annulling the June 17, 2020 and June 29, 2020 determinations on the grounds that they are arbitrary and capricious, irrational, and lacking in substantial evidence;
- Declaring that the absence of adverse public health and environmental effects of ProcellaCOR found in the NYSDEC’s registration preempts or precludes the NYSDEC from denying the Town’s permit application in whole or in part based on such alleged effects; and,
- 3. Remanding to the NYSDEC with instructions to issue to the Town of Ellery any and all permits and approvals necessary to implement the goals of the 2018 FSEIS to the fullest extent practicable, with due and adequate consideration of the agency’s mission, purpose, and the public interest.