Ohio EPA Scores Another Legal Victory over Army Corps


Last week a federal judge ruled the U.S. Army Corps of Engineers must pay the past costs of disposing dredged material from the Cuyahoga River into contaminant areas around Lake Erie. The court also said that the Army Corps was wrong to delay dredging of the river while it argued with the state regarding the disposal of the dredged material. Ohio EPA and the Army Corps have been arguing over whether sediment dredged from the Cuyahoga River is clean enough for open lake dumping. The Army Corps insists it can be safely dumped into Lake Erie. Ohio EPA contends the material is full of polychlorinated biphenyls (PCBs) and therefore should not be dumped into Lake Erie. Manufacturers who depend on the dredging to clear transportation channels have been held hostage while the parties argue through the courts about disposing of the material. Hopefully last week’s hearing brings parties closer to a final solution.  5/11/2017