Order | Filed: September 11, 2026
| Entered: September 11, 2026
Save The Sound and Atlantic Clam Farms of Connecticut, Inc. v. Westchester County, New York, et al.
Environmental Matters | New York Southern
Stipulation and Order ~Util - Add and Terminate Parties ~Util - Terminate Motions
SECOND AMENDED STIPULATED ORDER WITH RESPECT TO DEFENDANT CITY OF RYE: IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: I. JURISDICTION AND VENUE 1. Jurisdiction. Jurisdiction over this action is conferred by 28 U.S.C. § 1331 (federal question), and 33 U.S.C. § 1365(a) (Clean Water Act jurisdiction). Plaintiffs have standing and have complied with the statutory notice requirements under the CWA, 33 U.S.C. § 1365(a)(1), and the corresponding regulations at 40 C.F.R. § 135.2. An actual, justiciable controversy exists between the Parties. The requested relief is proper under 28 U.S.C. §§ 2201, 2202, and 33 U.S.C. § 1365(a). 2. Venue. Venue is properly vested in this Court pursuant to 33 U.S.C. § 1365(c)(1), because Rye is located, and the events giving rise to this action occurred, within this judicial district. 3. Consent. For purposes of this Order, or any action to enforce the Order, Rye consents to the Court's jurisdiction over this Order. For purposes of this Order, Rye consents to venue in this judicial district, as further set forth. V. PAYMENTS 12. Environmental Benefit Project. To the extent Rye has accrued EBPs in excess of $500,000, such sum is waived. $500,000 shall be distributed as follows: a. Within sixty (60) days of the Effective Date, Rye shall pay a total of twenty-five thousand dollars ($25,000) for use on projects relating to the reduction, mitigation, and/or remediation of the effects of stormwater pollution or environmental restoration of, or other benefit to, the Long Island Sound watershed to Rye Nature Center (the "EBP Recipient"). b. The remaining $475,000 is suspended and shall be immediately due and payable to the EBP Recipient if Rye fails to comply with any of the deadlines set forth in this Order. c. To the extent Rye accrues additional EBPs by November 1 of each year during the Term of this Order under Section XII of this Order, such EBPs shall be due and payable on December 1 of each year during the Term of this Order. 13. Fees, Costs, and Expenses. Rye shall pay a sum of ninety-eight thousand two hundred and twelve dollars and sixty-five cents ($98,212.65) as full and complete satisfaction of Plaintiffs' claims for attorneys' fees and costs incurred as of March 18, 2026, including investigative and expert costs, against Rye. a. Payment Plan. The payment will be made in two installments. The first installment of $50,000 will be placed in escrow with Rye's attorney within thirty (30) days of the Parties' execution of this Order and will be transferred to Plaintiffs' attorney on or before the 7th day after the Effective Date of this Order. The second installment of $38,212.65 will be made on or before February 1, 2027. The checks shall be payable to "Super Law Group, LLC Attorney Trust IOLA". Payments will be deposited in Super Law Group's IOLA Trust Account for the benefit of the Plaintiffs, as further set forth. 14. Compliance Monitoring Fees - Engineering. Plaintiffs intend to engage the consulting services of a professional engineer licensed in the State of New York ("Consulting Engineer") to monitor Rye's compliance with this Order, and as necessary, for mediation assistance in connection with the Dispute Resolution Procedure (see Section XV). Rye agrees to pay the reasonable fees and costs for this work to be performed by Plaintiffs' Consulting Engineer, in an amount not to exceed $15,000 from March 19, 2026, through the Term of this Order. The City of Rye has earmarked this payment as part of its 2026 annual budget for disbursement by Corporate Counsel. Costs reimbursable pursuant to this paragraph may include, but are not limited to, those incurred by Plaintiffs to conduct site inspections, review engineering reports, review annual reports, discussion with representatives of Rye concerning compliance requirements, and preparation and participation in mediation or otherwise in connection with the Dispute Resolution Procedure (see Section XV). Plaintiffs shall provide invoices containing itemized descriptions for any costs claimed. Payments shall be due thirty (30) days from delivery of such invoice. 15. Compliance Monitoring Fees - Legal. As reimbursement for Plaintiffs' legal and administrative fees and costs that will be incurred in order to monitor Rye's compliance with this Order, Rye agrees to pay reasonable fees and costs for this work performed by Plaintiffs' counsel and Plaintiffs' staff, in an amount not to exceed $15,000 from March 19, 2026, through the Term of this Order. The City of Rye has earmarked this payment as part of its 2026 annual budget for disbursement by Corporate Counsel. Fees and costs reimbursable pursuant to this paragraph may include, but are not limited to, those incurred by Plaintiffs or their counsel to conduct site inspections, review of engineering reports, review of annual reports, discussion with representatives of Rye concerning... (truncated)
Motion | Filed: September 09, 2026
| Entered: September 09, 2026
Save The Sound and Atlantic Clam Farms of Connecticut, Inc. v. Westchester County, New York, et al.
Environmental Matters | New York Southern
Amend/Correct
CONSENT MOTION to Amend/Correct 268 Stipulation and Order, Terminate Motions,,,,,,,,,,,,,,,,,,,, as to City of Rye. Document filed by Save The Sound. (Attachments: # 1 Proposed Order as to City of Rye, # 2 Appendix A - CMOM, # 3 Exhibit 1 - Tracked Changes for Second Amendments to Order).(Muench, Julia)