Kasich issues Executive Order to protect Lake Erie

Bricker & Eckler LLP

On July 11, 2018, Governor John R. Kasich issued Executive Order 2018-09K, “Taking Steps to Protect Lake Erie.” Through Executive Order 2018-09K, Governor Kasich has ordered the director of the Ohio Department of Agriculture, pursuant to his authority as set forth in Ohio Administrative Code Section 901:13-1-20, to consider whether it is appropriate to seek the consent of the Ohio Soil and Water Conservation Commission to designate certain watersheds in the Maumee River Basin as watersheds in distress, due to increased nutrient levels resulting from phosphorus attached to soil sediment. The executive order further instructs that, if the Ohio Soil and Water Conservation Commission consents to such designations of watersheds in distress, the Ohio Department of Agriculture, the Ohio Department of Natural Resources and the Ohio Environmental Protection Agency should recommend a rule package establishing rules to govern watersheds designated as in distress due to increased nutrient levels resulting from phosphorus attached to soil sediment.

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