TOLEDO (AP) — A federal judge in Ohio has thrown out a lawsuit seeking to force the U.S. Environmental Protection Agency to take stronger action on Lake Erie’s ongoing toxic algae problem.

U.S. District Judge James Carr dismissed the lawsuit earlier this week, saying it would be too early to decide the issue because Ohio designated the lake’s western basin as impaired in March.

The Toledo-based judge says the environmental groups that brought the lawsuit can’t argue yet that Ohio isn’t doing enough to combat the algae blooms.

The lawsuit sought increased pollution controls and limits on phosphorus that flows into the lake. Phosphorous is considered a leading cause of algae blooms in western basin.