ELPC is concerned, in particular, that the proposed rules don’t address nitrogen and phosphorus – pollutants that have created a huge dead zone in the Gulf of Mexico and could have similar effects on Indiana waters.  As ELPC Senior Attorney Albert Ettinger told the Post Tribune, “I don’t think these rules are acceptable because they’re going to exempt very important pollutants that will have a demonstrable effect on waters in Indiana.”

 Read the full article in the Post Tribune

The state’s current anti-degradation rules could allow BP  or another company to increase the amount of ammonia and silty materials it dumps into the lake without examining cleaner alternatives. ELPC Senior Attorney Albert Ettinger and Staff Attorney Brad Klein told the Indiana press about their concerns that another pollution controversy could emerge if the state doesn’t improve its clean water rules.

Read the full story in the Post-Tribune.

Ettinger said that the bill, proposed by Indiana Senator Beverly Gard, would prevent the Indiana Department of Environmental Management from calculating the amount of pollution entering Indiana’s waters.  The bill could also undermine attempts to improve impaired waters so they could be used for swimming or fishing.

Read the full story here

read the full article here

ELPC gained a big victory last week when the U.S. Court of Appeals for the Sixth Circuit reversed and remanded the U.S. EPA’s approval of Kentucky’s flawed administrative rules in an opinion that will significantly affect state obligations to maintain and protect water quality under the Clean Water Act’s antidegradation policy that is designed to “keep clean waters clean.” ELPC attorneys represented Plaintiffs Kentucky Waterways Alliance, Sierra Club Cumberland Chapter, Kentuckians for the Commonwealth, and Floyds Fork Environmental Association. Learn more.

ELPC gained a big victory last week. The U.S. Court of Appeals for the Sixth Circuit reversed and remanded the U.S. EPA’s approval of Kentucky’s flawed administrative rules in an opinion that will significantly affect state obligations to maintain and protect water quality under the Clean Water Act’s antidegradation policy that is designed to “keep clean waters clean.” ELPC attorneys represented plaintiffs Kentucky Waterways Alliance, Sierra Club Cumberland Chapter, Kentuckians for the Commonwealth, and Floyds Fork Environmental Association.

In summary, the Court found that the U.S. EPA’s approval was “arbitrary and capricious” because it did not require Kentucky to prove that the multiple exceptions contained in the proposed antidegradation rules would cause only insignificant, or “de minimis,” degradation of the state’s rivers, lakes and streams. Instead, the U.S. EPA merely accepted Kentucky’s unenforceable commitments to protect water quality, even though the plain language of state’s rules gave blanket exemptions to several categories of polluters, including the coal industry.

The Court’s opinion sends Kentucky’s rules back to the U.S. EPA for further review. Kentucky likely will have to significantly revise and improve its rules in order to comply with the Court’s decision. ELPC’s persistent legal and policy advocacy is important to improve water quality and protect our Midwest natural heritage.

By 2020, a number of townships and municipalities in the Chicago region will not have access to a sufficient amount of water to meet growing demand. Most of these shortages are projected for the “outer counties” where rapid growth is occurring without consideration of the availability of, or impact on, water supplies and where rapid growth is also threatening water quality.

ELPC is working with key stakeholders in these communities to achieve three goals: (1) Promote smart growth planning policies and practices that will enable suitable development to go forward: (2) Protect vulnerable groundwater resources from contamination; and (3) Protect surface water resources in Northern Illinois rivers, lakes and streams from development pressures that can harm aquatic ecosystems. We believe that our efforts will increase the level of discussion about these critical issues and promote solutions that meet the growth and environmental needs of these communities.

Learn how you can conserve water and help keep our water clean.

Several factors impede the health of the Mississippi River. Inadequate government oversight, lack of coordination among non-profit organizations, and lack of federal protection from agricultural runoff makes restoring the river very difficult. Agricultural runoff is the primary source of excess sediments and nutrients in the Mississippi River. Fertilizers accumulating in the Gulf of Mexico allow plants to grow to excess, starving the waters of oxygen and killing fish and wildlife. Each summer, this creates a “Dead Zone” roughly the size of Massachusetts in the Gulf.

More than 20 regional and national non-profit organizations comprise the Water Quality Collaborative. This provides a special opportunity for member organizations to build off one another’s strengths. Working as a unified group with shared goals will fill knowledge gaps and extend the resources of the various groups beyond traditional boundaries.

In spite of their large size, the Great Lakes are sensitive to the effects of a wide range of pollutants. Major stresses on the lakes include toxic and nutrient pollution, invasive species and habitat degradation. Sources of pollution include the runoff of soils and farm chemicals from agricultural lands, waste from cities, discharges from industrial areas and leachate from disposal sites.

The large surface area of the lakes also makes them vulnerable to direct atmospheric pollutants that fall as rain, snow, or dust on the lake surface, or exchange as gases with the lake water. Outflows from the Great Lakes are relatively small in comparison with the total volume of water, so pollutants that enter the lakes are retained in the system and become more concentrated with time.

Injurious Species

ELPC continues to work with the Great Lakes Fishery Commission (GLFC) and Illinois Department of Natural Resources (IDNR) on reducing the spread of Asian Carp and other injurious species that threaten the Great Lakes.