DEP Biweekly Reports Folder 0049, 2000-2001

NYC 9/11 Public Portal Document

City's daily Shandaken Tunnel, supplies roughly 40% of the The Catskill system, which includes the Tunnel under a SPDES permit would water needs, and placing operation of the Shandaken least in terms of defining whether effectively put the Tunnel under State and federal control --- at Reservoir. We Creek and hence into the Ashokan and when water can be released into the Esopus at all. The City is not adding any feel strongly that the Clean Water Act is not implicated here state from one Reservoir to another. pollutant to the water; it is simply moving water in its natural several grounds, including the failure by the The City has made a motion to dismiss based on Oral argument was held before the Riverkeeper to make out a claim under the Clean Water Act. City's motion. Although it is generally federal district court last Friday, September 22, on the comments or questions fr om the bench, we were unwise to predict the outcome of litigation based on was very different from the primary encouraged by the Judge's apparent understanding that this case a ski resort drew water from a pond, precedent relied upon by the Riverkeeper (a case in which make snow, and then discharged used pumped the water through equipment and machinery used to water quality). We will advise you of water into a second pond which was otherwise of very high further key developments, as they occur.

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