In its complaint, the NYSDEC alleged that the IJC was negligent for failing to take appropriate steps to protect the interest of property owners at Lake Ontario shoreline. Its mismanagement created nuisance due to the severe flooding and caused an invasion of the State’s interest in the use and enjoyment of its land.
Additionally, the department accused the IJC for failing to increase outflows from Lake Ontario to lower water levels and abate flooding. Its failure is allegedly equivalent to trespass or an invasion of privacy.
NYSDEC 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,” he added.