Judge Says He May Back Away from Lake Erie Algae Lawsuit
By Tom Henry
While still clearly disgusted by the lack of progress toward solving western Lake Erie’s chronic algae problem, U.S. District Judge James Carr has left open the possibility of eventually backing away from the case in front of him — but only if there comes a point in time in which state and federal agencies convince him they are taking the public health threat seriously enough.
Right now, the judge said, they’re not.
Throughout a two-hour discussion in open court Wednesday with lawyers from the U.S. Department of Justice and the Chicago-based Environmental Law and Policy Center, Judge Carr underscored his desire to see the U.S. Environmental Protection Agency and its state partner, the Ohio Environmental Protection Agency, become “truly aggressive” and said they “should treat this as a grave condition.”
But Judge Carr, who in an April 10 filing accused those two agencies of botching the Lake Erie impairment controversy, also broadened his appeal to members of the Ohio General Assembly — especially conservatives who have made it virtually impossible to pass stricter rules on agriculture. He likewise implored agencies such as the Ohio Department of Agriculture to make algae-prevention their No. 1 priority.
Nobody, he said, can dispute Lake Erie is “sick.”