The Toledo Blade
Second Lake Erie impairment suit in district court
By Tom Henry
A second lawsuit that aims to get the Ohio waters of western Lake Erie designated as federally impaired was filed Wednesday in U.S. District Court, the main difference being that the newest suit seeks to get the debate heard in a Toledo courtroom.
The Chicago-based Environmental Law and Policy Center said it filed its suit in the Northern District of Ohio in hopes it will be heard by Senior Judge James G. Carr of Toledo.
Joining the policy center in that suit are former Toledo councilman and mayoral candidate Mike Ferner and Susan Matz, both of Advocates for a Clean Lake Erie, who have become policy center members, said Howard Learner, president and executive director of the policy center.
“The U.S. EPA is not allowed to sit on its hands,” according to Mr. Learner, who described the ELPC-ACLE lawsuit against the agency as “a parallel action” to what was filed by the other groups.
He said the courts may end up consolidating the cases, but said ELPC and ACLE believe it’s important to have the case heard in Toledo to have it “closer to the action.”