A lawsuit seeking to force Suffolk County to return nearly $200 million in environmental funding they claim was diverted to plug holes in the county budget can continue after a judge denied a motion to dismiss it. The Long Island Pine Barrens Society alleges that county officials illegally used money raised through a .25% sales tax that funds the Drinking Water Protection Program.
The case, being heard by state Supreme Court Justice Carmen Victoria St. George, targets a 2020 county law that permitted a $44 million transfer from the fund and repealed requirements that the county replenish $154 million it had previously borrowed. According to County Executive Steve Bellone, the money was needed during the COVID-19 pandemic to maintain government services and avoid layoffs.
The environmental fund has long been a source for funds outside its original purpose. In 2011, the Suffolk legislature and former County Executive Steve Levy withdrew $29.4 million to balance the county budget and in 2013, the legislature and Bellone took $171 million to offset pension costs and bond payments. The Pine Barrens Society sued in those cases as well and in 2019, a judge ordered the county to return the money, most of which has not been restored.