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United States v. New York, City of

ELR Citation: 29 ELR 20599
Nos. 97 CV 2154(NG)(SMG), 30 F. Supp. 2d 325/(E.D.N.Y., 11/24/1998) Consent decree approved

The court approves a consent decree that resolves the claims brought by federal and state governments against New York City under the Safe Drinking Water Act (SDWA) and the state sanitary code and that requires the city to provide filtration and disinfection treatment for its Croton Water Supply System. The court first holds that the public comments challenging the consent decree suggest no basis for rejecting the consent decree. The court next holds that it has subject matter jurisdiction over this federal enforcement action pursuant to SDWA §300g-3(b) and that supplementary jurisdiction over the state-law claims exists under 28 U.S.C. §1367. The court then holds that the proposed consent decree indisputably falls within the scope of the case as set forth in the complaints of the federal and state governments. The court also holds that the consent decree promotes the objectives of federal and state law by setting forth detailed milestones the city must meet in order to assure the planning, construction, and operation of a water treatment plant that will filter and disinfect the water from the Croton Water Supply System.

Counsel for Plaintiff
Deborah B. Zwany
U.S. Attorney's Office
U.S. CtHse.
225 Cadman Plaza E., Brooklyn NY 11201
(718) 254-7000

Counsel for Defendants
Inga Van Eysden
Office of Corporation Counsel
100 Church St., New York NY 10007
(212) 788-0303