Ohio

U.S. News & World Report/AP: US Agency Reverses Course on Lake Erie Toxic Algae Decision

 

U.S. Agency Reverses Course on Lake Erie Toxic Algae Decision

By JOHN SEEWER, Associated Press

TOLEDO, Ohio (AP) — The U.S. Environmental Protection Agency wants Ohio to do another review of Lake Erie to determine whether it should be declared impaired by toxic algae blooms that have become a recurring threat in recent summers.

The agency in a letter to Ohio’s environmental director said it was reversing an earlier decision that had agreed with the state’s assessment that the western end of Lake Erie should not be listed as impaired.

The EPA’s reversal issued last week didn’t go as far as ordering the lake to be designated as an impaired watershed. Instead, it said the state’s list of impaired waters was incomplete and didn’t properly evaluate the lake’s waters.

Several environmental groups have sued the EPA saying the lake should be classified impaired because algae blooms are preventing the waters from meeting basic quality standards. The designation could pave the way for increased pollution regulations in the shallowest of the Great Lakes.
Michigan proposed in 2016 designating its portion of Lake Erie as impaired, but Ohio resisted doing the same for its entire section.

Craig Butler, director of Ohio’s Environmental Protection Agency, said the state will do the review but needs more details from the federal agency. It remains unclear, he said, is what the standards are that should trigger an impaired designation for the lake’s open waters.

Butler said the U.S. EPA earlier told the state that it doesn’t have a way to gauge the algae’s impact. He said the state is working with university researchers to come up with such a measurement standard.

“We have never said that Lake Erie doesn’t have problems,” Butler said.

Algae outbreaks have fouled drinking water twice since 2013 and are a threat to fish and wildlife. Last year’s bloom stretched along the shores of Ohio, Michigan and Ontario, Canada, and was among the largest in recent years.

Scientists largely blame phosphorus-rich fertilizer runoff from farms and municipal sewage overflows for feeding the algae growth.

Backers of listing the lake as impaired hope it will bring increased regulations on how farmers fertilize their fields and dispose of livestock manure.

The U.S. EPA’s change of course is welcome but doesn’t ensure adequate protection for the lake, said Howard Learner, president of the Environmental Law and Policy Center, which sued over Ohio’s refusal to designate its western section as impaired.

The federal agency should order Ohio to immediately develop plans known as “total maximum daily loads,” which would impose specific limits on phosphorus flows into the lake, Learner said. Instead, the U.S. EPA appears willing to wait for a new state evaluation due in April.

“They seem to be kicking the can down the road,” Learner said.

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E&E News: In Reversal, EPA Yanks Approval of Ohio’s Lake Erie Assessment

 

In Reversal, EPA Yanks Approval of Ohio’s Lake Erie Assessment
By Ariel Wittenberg

U.S. EPA says it no longer approves of Ohio’s decision to omit parts of Lake Erie from a list of impaired waters that environmentalists say is critical to reducing toxic algae blooms there.

At issue is Ohio’s 2016 Integrated Water Quality Monitoring and Assessment Report, which found shorelines and areas of Lake Erie near drinking water intakes were impaired, but not its open waters.

EPA’s initial approval of the report in May was dubbed a “rubber stamp” by environmental groups. They responded with a lawsuit.

Now, the agency is withdrawing that approval, saying it has re-evaluated the report and “determined that the submission is incomplete and thus not fully consistent with the requirements of Section 303(d) of the Clean Water Act and EPA’s regulations.”

In a letter to Ohio regulators, EPA’s newly confirmed Office of Water assistant administrator, David Ross, said the state did not fully consider all of the readily available data on nutrient pollution in the open waters of Lake Erie that fall within the state’s boundaries.

“The EPA acknowledges that the EPA Region 5 previously approved Ohio’s 2016 List in full,” Ross writes. “The EPA, however, is now exercising its inherent authority to reconsider prior decisions in order to ensure conformity of this action to the applicable statutory and regulatory requirements with respect to the open waters of Lake Erie within Ohio’s boundaries.”

The letter comes just three months after the federal government filed a response to the litigation from the Environmental Law & Policy Center and Advocates for a Clean Lake Erie, saying the groups “fail to state a claim upon which relief can be granted.”

An EPA spokeswoman declined to comment further on the letter to Ohio and the ongoing case, saying, “EPA does not comment on pending litigation.”

Designating a body of water as impaired means the state and federal government must design action plans and restore the waters to a healthy quality.

Those actions could involve setting a “pollution diet,” or total maximum daily load (TMDL), for phosphorus and nitrogen entering Lake Erie.

In their lawsuit, the groups argued that devising action plans for parts of the lake, rather than all of it, would not fully address the algae bloom problem there.

Madeline Fleisher, an ELPC attorney, called Ross’ letter a “vindication” because EPA is conceding it was wrong to approve Ohio’s analysis.

But, she said, that’s not enough to end the lawsuit. “The EPA letter admits that they were wrong, but it essentially says, ‘We are not going to do anything about it,'” she said.
Fleisher noted that EPA is now asking Ohio to resubmit a new evaluation by April 9, essentially asking the state to redo its analysis in its regularly scheduled 2018 water quality report.

That request is contrary to EPA’s own regulations, Fleisher says, which require the agency to do its own evaluation of impairment designations it disagrees with.

“If a state has not gotten it right, then kicking it back to them for a do-over may not take things farther,” she said.

ELPC and Advocates for a Clean Lake Erie have asked the U.S. District Court for the Northern District of Ohio to make a ruling in the case requiring EPA itself to assess whether the open waters of Lake Erie are impaired.

“What really matters is actually solving the problem Lake Erie is suffering from, and this letter is not sufficient to do that,” Fleisher said.

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Toledo Blade: Federal EPA reverses course in Lake Erie impairment issue

 

By Tom Henry

The U.S. Environmental Protection Agency has reversed itself on the western Lake Erie impairment issue, admitting it was wrong to approve a Kasich administration plan that has fundamentally kept the status quo of voluntary incentives for agricultural runoff intact.

While stopping short of agreeing it should immediately designate the lake’s open water as impaired, the federal agency said in a Jan. 12 letter to Ohio EPA Director Craig Butler it has reevaluated the state’s submission from Oct. 20, 2016, and determined it is “incomplete and thus not fully consistent with the requirements of Section 303(d) of the Clean Water Act and EPA’s regulations.”

It further stated the Kasich administration’s submission did not adhere to its obligations to assemble and evaluate all data and information about nutrients in Lake Erie within the state’s boundaries.

Howard Learner, executive director of Chicago-based Environmental Law & Policy Center, told The Blade on Tuesday morning the U.S. EPA’s reversal is a significant development that should lead to court-ordered action for the lake and the Toledo metro region’s 500,000 people who depend on it for drinking water.

“The effect of what’s going on here is the U.S. EPA has confessed error on the merits of the case,” Mr. Learner said. “The U.S. EPA is recognizing the factual reality that western Lake Erie water is impaired by [agricultural] pollution.”

The letter, signed was shared on a federal holiday — Martin Luther King, Jr. Day — with the ELPC. The ELPC was preparing to meet a Tuesday deadline set by Senior Judge James G. Carr of U.S. District Court for a motion for summary judgment. The motion is 188 pages long.

The ELPC represents Advocates for a Clean Lake Erie, which was founded by activist Mike Ferner in response to the 2014 Toledo water crisis. The two groups sued the U.S. EPA several months ago over the lack of an impairment designation. The judge has indicted he wants that case resolved by this April or May, before the 2018 algae season.

“Courts shape remedies all of the time. The judge is in a position now to tell the agencies it’s time to step up to the plate,” Mr. Learner said. “It’s not permissible for agencies to violate the Clean Water Act by pretending the western basin of Lake Erie is not impaired when clearly it is.”

The U.S. EPA, which approved the Ohio plan to maintain the status quo May 19, wants all of the state’s remaining data on western Lake Erie nutrient pollution by April 9. The ELPC said in its motion for summary judgment it is seeking a more “expeditious resolution.”

Mr. Butler said the U.S. EPA told him prior to issuing the letter that it was reversing itself, and that the Ohio EPA is “working on developing a response.”

“We’ve never said there’s not a problem in the lake,” Mr. Butler said. “We think this designation as impaired or not doesn’t impact our path forward. Our commitment is as strong as it’s ever been. This is an ongoing, never-ending focus for us.”

Mr. Butler also revealed that the state agency’s reluctance to designate the lake as impaired goes beyond a desire to maintain the status quo. He said the U.S. EPA cannot define itself what exactly it takes for a body of water as large as western Lake Erie to be designated as impaired.

Mr. Butler characterized the ELPC’s push for an impairment designation as “an academic argument.”

He declined to predict how Judge Carr will rule.

A spokesmen for the U.S. EPA said their the agency planned to provide The Blade a response Wednesday.

Judge Carr has presided over several major environmental cases involving Lake Erie, including years of litigation on Ottawa River restoration efforts and the city of Toledo’s consent order with the U.S. EPA over sewage overflows.

Michigan declared its much smaller portion of western Lake Erie impaired in 2016.

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Toledo Blade: Congressmen, ELPC, Demand Faster Action on Asian Carp

 
Congressmen Demand Faster Action on Asian Carp
by Tom Henry

Twenty-six members of Congress — including U.S. Reps. Marcy Kaptur (D., Toledo), Bob Latta (R., Bowling Green), Tim Walberg (R., Tipton), and Debbie Dingell (D., Dearborn) — have joined numerous other elected officials in demanding more aggressive action from the Army Corps of Engineers against destructive Asian carp threatening to enter the Great Lakes near Chicago.

A bipartisan letter submitted Friday said the congressmen are firmly holding the Corps to an early 2019 deadline for completing the most crucial report to date for a long-term fix, called the Brandon Road Lock & Dam Study.

It affects the future of the Brandon Road lock near Joliet, Ill., and the series of Chicago-area waterways that artificially connect the Mississippi River and Great Lakes basins. That connection, made in the early 1900s, has made it possible for invasive carp moving north along the Mississippi to someday enter the Great Lakes via Lake Michigan.

The letter, submitted on the final day the Corps was accepting formal comments to its tentatively selected plan, mirrors one submitted earlier by several U.S. senators from the Great Lakes area, including Rob Portman (R., Ohio) and Debbie Stabenow (D., Mich.), co-chairs of the Senate Great Lakes Task Force, and U.S. Sen. Sherrod Brown (D., Ohio), U.S. Sen. Gary Peters (D., Mich.), and senators from Minnesota, Wisconsin, Illinois, and New York who are members of that task force.

“Current estimates show it will take as long as eight years to have a barrier installed at the Brandon Road Lock and Dam — a time frame which is unacceptable,” Miss Kaptur said. “With the Asian carp on the doorstep of our region’s most vital natural resource, we have a small window of opportunity to stop this invasive species. Once the Asian carp are in the Great Lakes, it will be too late to stop the destruction they will cause.”

The Corps is looking at fortifying electric barriers and taking other measures to thwart the movement of carp and other exotics. But it has said it is unlikely to act on several measures before 2025, a timeline that senators and now congressmen have said is unacceptable.

Ohio Attorney General Mike DeWine, a 2018 gubernatorial candidate, likewise joined the fray late last week by telling the Corps in his formal comments that it should close the Brandon Road lock while also recognizing its obligation to meet previously agreed-upon deadlines.

While the Corps has tentatively selected a plan that uses electrical fences, noise, and water jets to keep out invasive species, Mr. DeWine and the large contingent of congressional members believe that doesn’t go far enough — especially after reports in June of a silver Asian carp found 9 miles from Lake Michigan, beyond the electric barriers.

The attorney general said the Corps should implement the lock closure alternative, which will be the most effective and cheapest to construct.

The Chicago-area decision affects Ohio because Lake Erie is the epicenter of the Great Lakes region’s $7 billion fishery, valued at more than all commercial and recreational fishing in U.S. waters along the Atlantic and Pacific oceans and the Gulf of Mexico.

More fish are spawned and caught in Lake Erie than the other four Great Lakes combined.

Researchers have said Ohio’s tourism and recreation industries would greatly suffer if Asian carp found their way to western Lake Erie.

Mr. DeWine also encouraged the Corps to work on plans for a multibillion-dollar, complete hydrologic separation of the Mississippi River and Great Lakes basins to block the spread of Asian carp.

A contingent of five major environmental groups — the Alliance for the Great Lakes, the Environmental Law & Policy Center, the Natural Resources Defense Council, Prairie Rivers Network, and the Illinois chapter of the Sierra Club — also demanded a more aggressive response from the Corps via 21 pages of joint comments submitted Friday.

“Now is the time for all effective and necessary action steps,” Howard Learner, executive director of the Chicago-based Environmental Law & Policy Center, said. “Further delays risk Asian carp getting into Lake Michigan while the Army Corps is fiddling. Prevention solutions now are wise investments.”

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Great Lakes Now: ELPC’s Learner Tells US Army Corps to Stop Fiddling, Act Fast on Asian Carp Report

Pace of Asian Carp Plan “taking far too long”
Michigan Senators Critical of Timetable

by Gary Wilson

The debate about how to stop Asian carp from entering the Great Lakes hit another milestone last week as the Army Corps of Engineers’ extended comment period on a potential solution came to a close.

The controversy is now in its second decade.

The opportunity to comment was expanded to accommodate a previously unscheduled session in New Orleans. The extension angered Michigan Senators Debbie Stabenow and Gary Peters who say the “process is taking far too long.”

The Corps has been seeking public input on its plan, known as the Brandon Road Lock study, since September. If implemented, the plan would provide a suite of options to keep carp out of the Great Lakes.

in a letter to the Corps, Stabenow and Peters questioned why the New Orleans meeting wasn’t scheduled earlier.

The Brandon Road Lock, 50 miles from Lake Michigan, near Joliet, Illinois, is thought to be a choke point for stopping Asian carp.

But the final Army Corps report isn’t due until August of 2019, and Stabenow and Peters want that date moved up by eight months to January.

The senators expressed frustration that the Trump administration had delayed release of the report early in 2017.

Illinois Lt. Governor Evelyn Sanguinetti called for the report to be delayed in a column published in the Chicago Tribune in early 2017. Shipping interests in Illinois have lobbied against the Army Corps plan.

In their letter, Stabenow and Peters also questioned the Corps’ economic analysis of the impact of Asian carp on the Great Lakes.

“The (Army Corps) should not ignore the impact of Asian carp on several important industries – including recreation and tourism – or the economic impacts to the other Great Lakes besides Lake Erie,” the senators wrote.

Lake Erie’s fishery is the largest in the Great Lakes and thought to be the most vulnerable to an Asian carp invasion.

In a similar letter to the Army Corps, 28 members of the U.S. House from the Great Lakes region called for the original project timeline to be followed.

“Fiddling”

Input from environmental groups followed previously held positions but also sought to spotlight economic impacts.

Howard Learner said in a statement released to Great Lakes Now that the Army Corps’ proposals are a “starter.”

But Learner said they are “short of what’s needed to avoid the economic and ecological disaster if our public officials don’t prevent Asian Carp from entering the Great Lakes.”

He accused the Corps of “fiddling,” which would lead to additional delays.

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BREAKING: ELPC Joins EDF, OEC Ask Ohio Supreme Court to Block FirstEnergy Bailout

 

December 1, 2017

FOR IMMEDIATE RELEASE

 

 

Groups Challenge FirstEnergy Bailout at Ohio Supreme Court
Joint statement from EDF, OEC and ELPC

COLUMBUS –  The Ohio Environmental Council, Environmental Defense Fund, and Environmental Law & Policy Center today appealed to the Ohio Supreme Court the Public Utilities Commission of Ohio’s (PUCO) bailout for utility giant FirstEnergy. Last year, the PUCO approved a plan to provide FirstEnergy with more than $600 million over a three-year period in no-strings-attached subsidies for its uneconomic coal and nuclear plants.

Since the PUCO’s ruling Ohioans have already paid over $120 million of the $600 million bailout to FirstEnergy. While FirstEnergy will keep the money they’ve already collected even if the Supreme Court overturns the PUCO’s ruling, we are filing our appeal to the Supreme Court to protect Ohio ratepayers from further unjustified bailout payments.

“Last year, when Ohio regulators tried to hand FirstEnergy $4 billion to keep its outdated, uneconomic power plants operating, federal regulators came to the rescue and blocked the deal. But the utility giant is relentless and devised a new bailout plea that didn’t require federal oversight, which state regulators quickly rubber-stamped. We are confident the Ohio Supreme Court will recognize Ohioans should not be responsible for FirstEnergy’s bad business decisions, and overturn the $600 million bailout.”

  • Dick Munson, Midwest Policy Director, Clean Energy, Environmental Defense Fund

“With an abundance of renewable energy opportunity in the Buckeye State, it doesn’t make sense that our state regulators agreed to raise Ohioans’ electric bills to subsidize plants that are old and expensive. These consumer-funded subsidies distort trends in the market that would otherwise be pushing electric utilities to innovate, creating cleaner, more efficient generation options. I’m confident that the Ohio Supreme Court will side with the customers, ensuring a cleaner, prosperous future for all.”

  • Trish Demeter, Vice President of Policy, Ohio Environmental Council

“We are challenging this bailout because it raises electric bills for Ohio families to pay off FirstEnergy’s shareholders, and provides no benefits to customers. Instead of bailing out failing coal plants, we should help lower customer bills and pollution through energy efficiency.”

  • Madeline Fleisher, attorney with the Environmental Law & Policy Center

###

 

Environmental Defense Fund (edf.org), a leading international nonprofit organization, creates transformational solutions to the most serious environmental problems. EDF links science, economics, law, and innovative private-sector partnerships. Connect with us on Twitter, Facebook, and our Energy Exchange blog. 

Ohio Environmental Council (theoec.org) The Ohio Environmental Council is the state’s most comprehensive, effective and respected environmental advocate for a healthier, more sustainable Ohio. Our experts work daily to restore, protect, and strengthen the quality of life for families and communities—from the air we breathe and the water we drink to the food we eat and natural resources we enjoy.

Environmental Law & Policy Center (elpc.org) is the Midwest’s leading public interest environmental legal advocacy organization. We develop strategic campaigns to protect natural resources and improve environmental quality. Our multi-disciplinary staff employs teamwork approaches using legal, economic, and public policy tools to produce successes that improve our environment and economy.

 

Toledo Blade Editorial: There is More than One Strategy for Lake Erie

Editorial 

When you really, really want to be sure your pants won’t fall down, you go with the belt-and-suspenders strategy: You put on a belt, but in case a belt is not going to be enough to keep your pants up, you’ve got your suspenders.

The same can be said for strategies to clean up the pollution that is causing toxic algae blooms in Lake Erie, says one of the environmental lawyers suing to force the federal government to designate the western basin of the lake impaired under the terms of the Clean Water Act.

While it is great that Ohio’s state environmental officials are pursuing research and voluntary pollution-control measures to reduce the amount of algae-feeding phosphorus flowing into the lake, if those approaches don’t deliver results, the Clean Water Act will.

Madeline Fleisher of the Environmental Law and Policy Center made the analogy at this year’s Great Lakes Water Conference at the University of Toledo.

There must be more than one strategy — and more than one path of action — to save Lake Erie.

Joining her on a panel at the conference was Ohio Environmental Protection Agency’s Karl Gebhardt, a former Ohio Farm Bureau lobbyist who is Gov. John Kasich’s point man on lake issues.

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The Toledo Blade: Great Lakes conference discusses Lake Erie impairment

Great Lakes conference discusses Lake Erie impairment
November 3, 2017
By Tom Henry

One of the Kasich administration’s key players in the fight against algal blooms said Friday the future health of western Lake Erie is tied to the state’s commitment to do more aggressive edge-of-field research in each of the lake’s watersheds, not a federal Clean Water Act impairment designation that would subject farmers to more regulations.

Karl Gebhardt, the Ohio Environmental Protection Agency’s deputy director for water resources, told attendees of the University of Toledo College of Law’s 17th annual Great Lakes Water Conference a major research project underway by Ohio State University’s Kevin King “will be critical to finding out what’s happening in each of the watersheds.”

“We will fix Lake Erie by fixing the watersheds,” Mr. Gebhardt, who also is Ohio Lake Erie Commission executive director and the man Gov. John Kasich has put in charge of Lake Erie programs, said.

Mr. Gebhardt was one of three speakers on the afternoon panel inside McQuade Law Auditorium. It focused on the impairment controversy.

He has come under fire by groups such as Advocates for a Clean Lake Erie for his many years as an agricultural industry lobbyist prior to joining the Kasich administration.

One of his fiercest critics has been ACLE’s founder, Mike Ferner, a former Toledo city councilman and two-time mayoral candidate who claims Mr. Gebhardt’s role with the administration helps explain why it is sticking to the industry’s wishes for more voluntary incentives to reduce algae-forming farm runoff instead of imposing tougher regulations through an impairment designation. Mr. Ferner’s group had about a dozen members demonstrating outside the law school auditorium before the conference began, and he handed out flyers mocking Mr. Gebhardt before his presentation.

But during his talk, Mr. Gebhardt said he wants Ohio to revitalize its Conservation Reserve Enhancement Program, also known as CREP, which has lain dormant for several years. It provides incentives to farmers to create buffer strips that reduce runoff.

More importantly, though, he wants more information about whether better farming practices the state has been promoting are actually yielding the results it wants.

Several people attending the conference questioned if they are now that this summer’s algal bloom appears likely to go down as the third largest since 2002.

Mr. King’s edge-of-field research project attempts to quantify how many nutrients are leaving each of about three dozen test sites around the state. One of the preliminary results that has surprised scientists, announced months ago, is that far more phosphorus is escaping fields through underground farm tiles than surface runoff.

The state also wants to make more grants and low-interest loans available to communities such as Toledo that are reducing combined sewer overflows and modernizing their water-treatment facilities, Mr. Gebhardt said.

“We want to get money out into the communties,” he said.

He also said it is continuing to make plans for rebuilding more wetlands, and is working with Columbus-based Batelle – one of the world’s top research and development corporations – on more innovative technologies that might be used to combat algae in the future.

“We’re not going to get rid of algae in Lake Erie,” Mr. Gebhardt said. “And we want to keep the good algae in Lake Erie, because that’s what makes it the walleye capital of the world.”

He and the other two panel speakers, including Madeline Fleisher, a former U.S. Department of Justice attorney now working for the Chicago-based Environmental Law & Policy Center, agreed there’s no guarantee an impairment designation will bring more federal money – only the hope it might. ELPC has sued the U.S. EPA in federal court over the impairment issue, with Mr. Ferner’s group a partner in that litigation.

Mr. Gebhardt, in fact, said he believes the U.S. EPA has “been generous” with money it has provided to Ohio fighting algal blooms.

“I don’t think it’s a matter of not having enough money,” he said. “Sure, you’d always like to have more. It’s a matter of what we’re doing with it [and] if programs are working.”

Michigan declared its much smaller portion of western Lake Erie impaired a year ago this month, a move that proponents hoped would inspire Governor Kasich to do likewise in Ohio.

Kevin Goodwin, a Michigan Department of Environmental Quality senior aquatic biologist who spoke on the panel, said that while there’s been no influx of federal dollars the impairment designation there raised the profile of the problem within state government and likely helped generate more funding at the state level.

“The mere impairment listing within the state already elevates it [within the state] for more funding,” Mr. Goodwin said. “It starts internal wheels moving.”

Ms. Fleisher said the lawsuit filed against the U.S. EPA pertains to the agency’s obligations under the federal Clean Water Act’s “rule of law.”

“Any administration, regardless of its politics, is supposed to follow the rule of law,” she said.

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New York Times: Advocacy Groups Say EPA Not Doing Enough to Protect Lake Erie

By The Associated Press

TOLEDO, Ohio — Environmental advocates who sued the U.S. Environmental Protection Agency because they believe not enough is being done to address the toxic algae problem in Lake Erie said they think the agency’s response to the suit only bolsters their argument.

The groups want the EPA to declare that the western end of the lake is impaired by the algae that’s a threat to drinking water and fish. Such a designation could lead to stricter pollution controls.

The federal agency last spring sided with Ohio’s environmental regulators who recommended not listing the lake’s open waters as impaired under the federal Clean Water Act.

Algae blooms have turned the lake unsightly shades of green most summers over the past decade. An outbreak in 2014 contaminated the tap water for two days for more than 400,000 people around Toledo.

While steps have been taken to reduce the farm fertilizer runoff and municipal sewage overflows that feed the algae, environmental groups and some political leaders have become frustrated by the pace and depth of those efforts and have called for the impairment listing.

The EPA in court documents filed last week said Ohio’s environmental regulators didn’t look at whether the lake’s open waters were meeting the state’s water quality standards.

“They’re owning up to the fact that Ohio didn’t do this,” said Madeline Fleisher, an attorney for the Chicago-based Environmental Law and Policy Center.

She said the EPA’s acceptance of Ohio’s decision not to seek the impairment designation shows that the federal agency isn’t willing to address the algae problem in the shallowest of the Great Lakes.

“We expect better from the agencies that are supposed to be leading the way on protecting people and the environment,” Fleisher said.

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Cleveland NPR: US EPA Responds to ELPC Lawsuit for “Impaired” Lake Erie

Cleveland NPR: Ideastream 

US EPA Responds to Lawsuit for “Impaired” Lake Erie
By Elizabeth Miller

The US Environmental Protection Agency says the Ohio EPA did not fully look at research on harmful algal blooms when considering adding Lake Erie to its list of “impaired” waters.

Two organizations are suing the US EPA to request an “impaired” designation for the open waters of western Lake Erie. Calling the lake “impaired” would set limits on pollution sources including agricultural runoff and wastewater treatment plants.

Madeline Fleisher is with the Environmental Law and Policy Center, one of the groups in the lawsuit. “Since Ohio failed to evaluate the open waters of Lake Erie, what does that mean? Did that violate the Clean Water Act? We’ll need to argue that question to the judge, and he will give us a ruling,” explains Fleisher.

Advocates for a Clean Lake Erie is the other organization. In a statement, the organization’s leader, Mike Ferner, said “the Clean Water Act is still the law of the land and we intend to make the EPA do its job to protect our environment, our health and Toledo’s drinking water.”

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