精东影业

A federal judge has ordered the U.S. Environmental Protection Agency to take action on Ohio鈥檚 2016 list of impaired waters within 30 days.

In his 25-page , Judge James Carr criticizes both the Ohio EPA and its federal counterpart for refusing to comply with several parts of the Clean Water Act. 

The Environmental Law and Policy Center and Advocates for a Clean Lake Erie brought the last year against the U.S. EPA. The main issue is whether western Lake Erie should be declared an impaired watershed.

Under federal law, that designation forces the state to establish daily limits on pollution.

Last month, Ohio EPA decided to Western Lake Erie in its 2018 list.  In his order, Judge Carr says Ohio鈥檚 decision does not 鈥渕oot or reduce the need for me to retain jurisdiction鈥� over the 2016 list. 

If the U.S. EPA disapproves the 2016 list, the federal government could take responsibility for designating Western Lake Erie 鈥渋mpaired鈥� and set pollution limits. Judge Carr notes this might allow the process to move forward 鈥渟ooner than it would following approval of a 2018 impairment listing.鈥� That process is currently in the public comment period and still requires U.S. EPA approval.

Judge Carr expressed concerns with the manner of US EPA鈥檚 action and lack of communication with the court.

Carr says U.S. EPA鈥檚 鈥渙versight鈥� to inform him of its decision to withdraw approval of Ohio鈥檚 2016 list 鈥渁mplifies the whiff of bad faith arising from the timing of its inexplicably delayed notice to plantiffs鈥� counsel.鈥�

In a statement, Howard Learner of the Environmental Law and Policy Center says 鈥渨e鈥檙e pleased that the federal district court directed U.S. EPA to comply with the Clean Water Act and make a clear determination within 30 days that Lake Erie鈥檚 open waters are impaired by pollution.鈥�

The Ohio EPA says it is still reviewing Carr鈥檚 decision.