Press Release

February 07, 2019

ELPC Sues US EPA for Compliance Plan to Reduce Phosphorus Pollution in Western Lake Erie

ELPC Sues US EPA for Compliance Plan to Reduce Phosphorus Pollution That Creates Harmful Algae Blooms in Western Lake Erie. ELPC asks Court to keep EPA on Schedule to Clean Up Lake Erie.

Toledo, OH – The Environmental Law & Policy Center (ELPC) today filed a new related lawsuit in the United States District Court for the Northern District of Ohio challenging the United States Environmental Protection Agency’s approval of an Ohio EPA July 2018 report as legally inadequate. The Ohio EPA’s 2018 report provided no effective plan for reducing phosphorus pollution into western Lake Erie which is now designated as “impaired” waters under the Clean Water Act.

ELPC and co-plaintiff Advocates for a Clean Lake Erie (ACLE) are seeking a judicial remedy providing a compliance plan to require progress on a specific timeline to reduce phosphorus pollution in western Lake Erie by 2025, and provide for public accountability. Phosphorus in manure and fertilizer runoff from agricultural sources is the principal cause of harmful algal blooms that have plagued Lake Erie for many years.

“The Clean Water Act provides a specific legal pathway to reduce phosphorus pollution causing harmful algae blooms in western Lake Erie, but U.S. EPA and Ohio EPA refuse to follow the law,” said Howard Learner, ELPC’s Executive Director. “The Court should require EPA to do its job well by promptly adopting and implementing an effective Clean Water Act plan to limit manure and fertilizer runoff that causes harmful algal blooms.”

The Clean Water Act requires an effective plan that implements a Total Maximum Daily Load (TMDL) cap to limit pollution discharges into the Maumee River system, which flows into western Lake Erie. But Ohio EPA argues that it must only follow the non-binding Great Lakes Water Quality Agreement instead of a TMDL with enforceable regulatory standards.

Neither U.S. EPA nor Ohio EPA have followed the TMDL process to reduce pollution of manure from industrial animal feedlots and fertilizers from large agricultural operations that run off into rivers and streams that eventually result in phosphorus entering into Lake Erie.

“The Court has an important role to play in making sure Ohio doesn’t waste more time delaying effective measures to protect Lake Erie from pollution,” said Madeline Fleisher, ELPC Senior Attorney. “U.S. EPA isn’t holding the state accountable so we’re asking the court to do so.”

“The Clean Water Act is the law of the land, but Ohio keeps trying to escape its legal obligation to protect Lake Erie from factory farm pollution,” said Mike Ferner, a coordinator at ACLE. “The state has said western Lake Erie is one of its highest priorities, and the court shouldn’t let Ohio EPA and U.S. EPA get away with simply lip service.”

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