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Friday, April 19, 2024

Environmental Law and Policy Center, Advocates for a Clean Lake Erie seek disapproval of Ohio impaired water list

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AKRON, Ohio (Legal Newsline) – Two organizations are seeking a review of the Ohio Environmental Protection Agency's list of impaired waters, arguing that the open waters of Lake Erie should be included.

Environmental Law and Policy Center, Advocates for a Clean Lake Erie, Michael S. Ferner and Susan M. Matz filed a complaint on July 18 in the U.S. District Court for the Northern District of Ohio against United States Environmental Protection Agency, Scott Pruitt, in his official capacity as administrator of the United States Environmental  Protection Agency; and Robert Kaplan, as acting regional administrator of the U.S. Environment Protection Agency citing the Clean Water Act.

According to the complaint, the plaintiffs are seeking judicial review of the May 19 list of impaired waters submitted by the Ohio Environmental Protection Agency. They allege the Ohio EPA failed to include the open waters of Lake Erie on the list and have refused to evaluate whether the waters are meeting the state's water quality standards.

The plaintiffs seek declare that the defendants have violated the Clean Water Act, order the defendants to disapprove the Ohio's list of impaired waters, all legal fees and any other relief as this court deems just. They are represented by Madeline Fleisher of Lindsay Paige Dubin in Columbus, Ohio.

U.S. District Court for the Northern District of Ohio case number 3:17-cv-01514-JJH

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