"Senior U.S. District Judge James G. Carr ruled Wednesday that a landmark Lake Erie lawsuit brought against the U.S. Environmental Protection Agency merits full consideration.
The suit is over the eventual cleanup strategy for the lake. The Chicago-based Environmental Law & Policy Center contends the U.S. EPA is failing to uphold the federal Clean Water Act by not requiring the state of Ohio to do what’s called a total maximum daily limit, or TMDL, program — a much more site-specific and tougher regulatory program than what Ohio has ever tried for the lake. The nation’s largest TMDL program involves a six-state program for the Chesapeake Bay.
The U.S. Department of Justice, which is representing the U.S. EPA in the matter, had asked the judge to dismiss the case, contending the agency is not required to impose such a program on Ohio. The judge, in a 31-page ruling, denied the government’s motion and said he will allow the case to proceed."
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