The fallout from last year’s catastrophic fish kill in western New York’s Ischua Creek is far from over. A local environmental advocacy group, Ischua Valley Water Keeper, is now suing the New York State Department of Environmental Conservation (DEC), alleging the agency has failed to release public records connected to the incident that wiped out tens of thousands of fish and aquatic species in one of the region’s favored trout streams.
According to the lawsuit, the group has spent months attempting to obtain documents related to the August 2025 disaster, including records detailing Great Lakes Cheese’s compliance history, prior permit violations, water monitoring data, and communications between the company and state regulators. The organization claims the DEC has produced no responsive records despite Freedom of Information Law requests filed shortly after the fish kill occurred.
The lawsuit also alleges the DEC knew about repeated wastewater treatment violations at the Franklinville cheese plant before the massive die-off devastated Ischua Creek. Community members argue the lack of transparency has made it difficult to determine how serious the risks were before the incident and whether regulators acted aggressively enough to protect the stream.
“This action challenges DEC’s use of opacity to foreclose public evaluation,” the lawsuit states, accusing the agency of shielding its knowledge of prior violations and handling concerns through non-public measures rather than transparent enforcement.
Big Cheese Wipes Out Stream
On Aug. 26, 2025, DEC investigators responded to reports of foul odors and dead fish in Ischua Creek near Franklinville. What they found was described as a “significant” environmental disaster. Tens of thousands of dead fish from multiple species littered the creek alongside amphibians and other aquatic wildlife.
State investigators later linked the die-off to organic wastewater discharges from the Great Lakes Cheese facility. According to the DEC, failures within the plant’s wastewater treatment system overwhelmed the creek’s ecosystem, causing dangerously low dissolved oxygen levels, elevated nutrients, and increased water temperatures — conditions deadly to trout and other cold-water species.
Ischua Creek is considered one of western New York’s premier trout streams. Stretching roughly 20 miles from Machias to Maplehurst, the creek supports both stocked and naturally reproducing trout populations and provides more than 17 miles of public fishing access. The section near Franklinville is valued for its wild brown trout fishery, with some stream surveys recording hundreds of adult trout per mile.
Each spring, the DEC stocks the creek with thousands of trout, including yearling brown trout, brook trout, and larger two-year-old browns that can reach 14 inches or more. Along with its trout populations, the creek supports aquatic insects, amphibians, birds, and other wildlife that depend on cold, clean water.
Big Fines, But Is It Enough?
Following a months-long investigation, the DEC fined Great Lakes Cheese $475,000 and ordered the company to implement major upgrades and monitoring improvements. The consent order requires enhanced real-time wastewater monitoring, infrastructure improvements to the treatment facility, independent third-party oversight, and stricter compliance with discharge permits before operations can fully resume.
But the penalties do little to undo the damage. The DEC has acknowledged the scale of the environmental loss. But questions remain about what regulators knew before the fish kill occurred and whether stronger intervention could have prevented the disaster altogether.
