CLEVELAND, Ohio -- A federal judge expressed displeasure with state and federal agencies in a lawsuit over previous decisions to not designate Lake Erie's open waters as "impaired," despite the presence of harmful algal blooms and its impact on the Toledo area's drinking water.

Senior U.S. District Judge James Carr's scathing 25-page ruling says the Ohio Environmental Protection Agency's 2016 decision to not place the lake's open waters on its list of impaired waterways ran afoul of the Clean Water Act. He noted that this designation came after the 2014 environmental crisis in the lake's western basin that left 400,000 Toledo-area residents without drinking water for three days.

Carr also wrote that he couldn't find a good reason for the U.S. EPA to approve Ohio's list, which was incomplete.

Still, he ruled against the Environmental Law & Policy Center's request to rescind the U.S. EPA's approval of the 2016 Ohio list because the U.S. EPA rescinded its approval in January of this year. Instead, he permitted the federal EPA 30 days to make a final decision on Ohio's 2016 list, which he noted was still incomplete.

If the federal EPA does not follow the order, the agency could find itself back in front of the judge.

However, the order clearly shows the judge would like to both sides to resolve this legal dispute and for the agencies to follow the law in the future, said Howard Learner, executive director of the Chicago-based advocacy group that sued over the decisions by both EPAs.

Lake Erie's most significant pollutants come from fertilizer run off, primarily from the Maumee River in Toledo.

The Environmental Law & Policy Center filed suit in 2017. Environmental advocates say granting the "impaired "designation for Lake Erie's would open up more opportunities for grants and coordinate efforts to abate the algal bloom threat.

While the case was litigated, the U.S. EPA changed its tune. In January, it withdrew its approval of Ohio's 2016 list. The Ohio EPA also said it will include the open waters of the lake's western basin on its 2018 list of impaired waterways.

Carr's ruling makes it clear he was not happy with the "legal maneuvering" by both the state and federal EPAs.

He said he detected a "whiff of bad faith" because the federal EPA did not notify the Environmental Law & Policy Center of its decision to withdraw approval of Ohio's list until one day before a filing deadline. That "whiff" was amplified because the federal government also did not inform Carr of its decision, the judge said.

Instead, the judge said he learned of it when the plaintiffs told him.

Ohio EPA spokesman James Lee said the agency is reviewing Carr's decision.

A spokesperson for the U.S. E.P.A. said the agency "will review the order and will continue to work closely with the states and other stakeholders to ensure that local residents continue to have access to safe drinking water and to promote recreation on Lake Erie."

Learner said in a news release Thursday that "The time for Ohio pollution reduction standards and actions is now,"

"As Judge Carr stated in his Opinion: 'That would mean that much sooner, rather than later, the right of all persons dependent upon a clean, toxic-algae-free Lake Erie for access to safe drinking water could be accomplished and guaranteed,'" Learner said.