Legal victory wins New Yorkers the right to know when raw sewage is spewing into their waterways
Court affirms NYC must come clean about sewage discharges
June 10, 2026
Riverkeeper Team
New York, NY — June 10, 2026: A coalition of environmental groups today celebrated a major legal victory for public health, as an appellate court ruled that New York City has been failing to properly notify the public when city sewers discharge raw sewage and polluted stormwater into local waterways.
New York City discharges more than 20 billion gallons of raw sewage and polluted stormwater every year from more than 450 outfalls located throughout the five boroughs, affecting nearly every waterway in the city. Despite the scale of this pollution, the city had been notifying the public of only a fraction of these discharge events — leaving swimmers, boaters, anglers, and others who use or live near the water unknowingly at risk.
Under the court's ruling, the city must now issue discharge notices as required under the Sewage Pollution Right to Know Act, legislation that the environmental groups — including Riverkeeper, Save the Sound, NY/NJ Baykeeper, Waterkeeper Alliance, Bronx Council for Environmental Quality, Newtown Creek Alliance, and the New York City Water Trail Association — successfully pushed to enact.
"This is a victory for the health of all New Yorkers and for transparency around environmental hazards," says Riverkeeper Legal Program Director Mike Dulong. "It's especially impactful for water users — the fishing, boating, jet skiing, and swimming communities. These notifications not only help keep people safe, they also build public awareness about how significantly the sewer system is polluting our waterways. We’re hopeful this is another step toward improving the city’s infrastructure and improving the health of our waters for generations to come."
“This is a major step forward for swimmable waters in New York City,” says Roger Reynolds, Senior Legal Director for Save the Sound. “Failing to accurately notify the public with the best information possible offers not only insult to injury but compounds the initial injury by making it harder to avoid. Exposure to pathogens through contact with raw or partially treated sewage can result in a range of negative health outcomes. The more information the public has about the time and amount of sewage being discharged the more motivated the City will be to reduce and ultimately eliminate the raw sewage discharges.”
"It's tragic that more than 50 years after passage of the federal Clean Water Act, the City of New York continues to dump billions of gallons of raw sewage mixed with stormwater into local waterways each year," says Daniel E. Estrin, general counsel and legal director, Waterkeeper Alliance. "Until this CSO problem is fully remedied, there will remain an urgent need for communities to know when and where these discharges are occurring so people can make informed decisions about whether it's safe to come in contact with public trust waters. We're relieved that the appeals court has now affirmed the trial court and ordered the City to comply with the letter of the Sewage Protection Right to Know Act."
“This is a major step forward for transparency and public health. New York City residents deserve clear, timely notice when sewage overflows pollute our waterways, and this will help ensure communities have the information they need to protect themselves and hold the City accountable,” says Michele Langa, Staff Attorney at NY/NJ Baykeeper.
“This is really an important win for clean air and water. Bronx Council for Environmental Quality is proud to be working with Riverkeeper and the Pace Environmental Litigation Clinic,” says Karen Argenti, Corresponding Secretary for the Bronx Council for Environmental Quality.
The case originated in 2019, when several other national, regional, and local organizations, represented by the Pace Environmental Litigation Clinic, brought suit against the New York City Department of Environmental Protection arguing that the city's notification practices fell far short of what the law required. The lower court agreed — and now the appellate court has affirmed that decision.
The Sewage Pollution Right to Know Act requires that the public be notified whenever combined sewer systems overflow, discharging a mix of raw sewage and stormwater runoff. These overflows occur most commonly during rain and can pose significant health risks to anyone in or near the water.
The groups will continue to monitor the city's compliance with the ruling and to advocate for the infrastructure investments needed to reduce sewage pollution across New York's waterways.
ABOUT RIVERKEEPER
Riverkeeper protects and restores the Hudson River, and safeguards drinking water supplies through community partnerships, science, and law. Our core programs improve water quality, restore habitat for an abundance of life, and address the impact of climate change on our waterways. Founded in 1966 as the Hudson River Fishermen’s Association, Riverkeeper became the model for more than 320 Waterkeeper organizations around the world and helped establish globally-recognized standards for waterway and watershed protection. We continue to work toward the goal of a swimmable, fishable, and drinkable Hudson River for all. Learn more, get updates, and support our work by visiting riverkeeper.org.
ABOUT WATERKEEPER ALLIANCEWaterkeeper® Alliance is a global movement uniting nearly 300 community-based Waterkeeper Organizations and Affiliates around the world, focusing citizen action on issues that affect our waterways, from pollution to climate change. The Waterkeeper movement patrols and protects more than six million square miles of rivers, lakes, and coastlines in the Americas, Europe, Australia, Asia, and Africa. For more information, visit waterkeeper.org.
ABOUT NY/NJ BAYKEEPER
NY/NJ Baykeeper is a nonprofit environmental organization dedicated to protecting, restoring, and restoring the waterways and communities of the NY/NJ Harbor Region. nynjbaykeeper.org
ABOUT BRONX COUNCIL FOR ENVIRONMENTAL QUALITY
Bronx Council for Environmental Quality is a volunteer organization that has been protecting the ecology of the Bronx for over 55 years. bceq.org
ABOUT SAVE THE SOUND
Save the Sound leads environmental action across the Long Island Sound region to protect the Sound and its rivers, fight climate change, save endangered lands, and work with nature to restore ecosystems. More info at savethesound.org.
Related campaigns
Sewer and stormwater pollution
Working to keep sewage and street pollution out of our waterways
Water quality monitoring
Riverkeeper is the go-to source for information about the quality of the water along the Hudson River and its tributaries
Swimming and public access
Working to make it safe and free for everyone to swim in the Hudson
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