Legal Tools for Reducing Harmful Algal Blooms in Lake Erie

55 Pages Posted: 6 Dec 2012  

Kenneth Kilbert

University of Toledo College of Law

Tiffany Tisler

University of Toledo College of Law

M. Zach Hohl

University of Toledo College of Law

Date Written: October 1, 2012

Abstract

Harmful algal blooms (HABs) in Lake Erie have reached crisis proportions in recent summers, causing substantial economic and environmental damage and threatening public health. The prime culprit is excessive phosphorus entering Lake Erie and its tributaries. To date federal and state law have proven ineffective in achieving the needed reductions in phosphorus loading, especially from nonpoint sources. This article describes the complex set of legal tools now available under federal and Ohio law to control the key point and nonpoint sources of phosphorus, identifies gaps and weaknesses in the existing legal regime, and makes recommendations for using these legal tools more effectively and for improving the law to combat the HABs problem.

Keywords: Phosphorus, Algae, Great Lakes, Clean Water Act

Suggested Citation

Kilbert, Kenneth and Tisler, Tiffany and Hohl, M. Zach, Legal Tools for Reducing Harmful Algal Blooms in Lake Erie (October 1, 2012). University of Toledo Law Review, Vol. 44, No. 69, 2012; University of Toledo Legal Studies Research Paper No. 2013-02. Available at SSRN: https://ssrn.com/abstract=2185017

Kenneth Kilbert (Contact Author)

University of Toledo College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States
419-530-5597 (Phone)

Tiffany Tisler

University of Toledo College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States

M. Zach Hohl

University of Toledo College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States

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