Governor Andrew Cuomo says the State of New York is suing the International Joint Commission over its regulation of the level of Lake Ontario.

Cuomo's announcement was made during a news conference at Silk O'Loughlin's Restaurant in Irondequoit on Wednesday. The business was one of many impacted by lake flooding.

According to the lawsuirsuit, the IJC knew or should have known that its management of the lake level could have prevented or lessened the flooding damage suffered by many home and business owners along the Lake Ontario shoreline. The suit seeks damages from the IJC to compensate those property owners.

Specifically, the complaint asserts the following causes of action:

  • Negligence:  IJC breached its duty by failing to take sufficient steps to protect the interests of New York property owners on the Lake Ontario shoreline.
  • Nuisance:  Based on the severe flooding that resulted from IJC's mismanagement, IJC was or should have been substantially certain that its conduct would cause an invasion of the State's interest in the use and enjoyment of its land.
  • Trespass: IJC failed to increase outflows from Lake Ontario to lower water levels and abate flooding, which constituted an invasion of property.

 

Governor Cuomo released a statement on the lawsuit on Wednesday:

"The facts of the matter are plain: The IJC's function is to manage the Lake Ontario water levels, and they failed - period. They have been wholly unresponsive and have taken no action to make the situation better," Governor Cuomo said. "We will not shoulder the burden of the destruction that is a direct result of the IJC's gross mismanagement of Lake Ontario water levels, and the IJC needs to compensate New York for the severe damage to the homes and businesses along the shoreline. That's what this lawsuit is all about."

— Gov. Andrew Cuomo, (D) New York State

The IJC is an agency occupied by both Canadian and American members which is responsible for overseeing the level of Lake Ontario and the St. Lawrence River. Many have publicly blamed the IJC's controversial Plan 2014 for the rise in lake levels and the subsequent flooding. The IJC maintains that the plan is not the cause.

Homeowners who have experienced damage caused by lake flooding already have the option to apply for financial assitance through the end of October.