Esopus Creek in Shandaken

Catskill Mountains – A coalition of fisherman and clean water advocates is claiming victory as the U.S. Supreme Court has denied the of New York City’s effort to overturn a federal Court of Appeals decision that prevents unregulated pollution of the world-renowned trout stream the Esopus Creek.

In 2000, the coalition sued New York in an effort to stop its Department of Environmental Protection from discharging pollutants from its Shandaken Tunnel into the Esopus in violation of the Clean Water Act. Water from the Schoharie Reservoir, which travels through the 18-mile-long tunnel, carries extremely high levels of fine clay particles that turn the clear waters of the Esopus muddy brown.

While the City of New York has lost its court case and must now pay a $5.2 million fine, the discharge may continue, said Daniel Estrin, an attorney with Pace Environmental Litigation Clinic, which is representing the coalition.

“They are doing it now pursuant to a permit that we forced them to get and now we are involved in a separate fight over the terms of that permit and whether the permit is sufficient to stop the discharge of muddy water.”

The coalition that is fighting the City of New York includes the Catskills Mountains Chapter of Trout Unlimited, Theodore Gordon Flyfishers, Federated Spokesmen’s Clubs of Ulster County, the Catskill-Delaware Natural Water Alliance, and Riverkeeper.