On May 26, 2000, the New York Law Journal reported Riverkeeper’s victory in its lawsuit challenging New York City’s 1998 policy of allowing development on steep slopes in the New York City Drinking Water Supply watershed. The City’s illegal loophole opened up thousands of acres of previously protected land in Westchester and Putnam Counties and the Catskills to development. Septic systems sited on steep slopes are more likely to fail and pollute surface waters.

In 1998, we filed an Article 78 petition against DEP, DEP Commissioner Joel Miele, and Rudolph Giuliani alleging that in making this new rule they:

1. Violated the City Administrative Procedure Act and State Administrative Procedure Act by failing to follow proper rulemaking procedures;
   
2. Violated the State Environmental Quality Review Act (SEQRA) by failing to assess the environmental impact of the new rule;
   
3. Violated the state health law allowing septic systems on slopes up to 15 percent; and
   
4. Violated the Watershed Regulations.

In his May 26, 2000, decision, State Supreme Court Justice Luther Dye held that DEP violated SEQRA by failing to perform environmental review of the rule allowing septic systems on modified slopes. The judge also held that the rule was contrary to the Watershed Regulations and the state health law.

Partially as a result of the DEP loophole, Putnam County is the fastest growing suburban county in the state. The Putnam County Planning Department estimates that 25 percent of all housing starts in Putnam County were taking advantage of the City’s unlawful rule.