NewsLocal News

Actions

Controversial legal bill could allow citizens to sue polluter on behalf of Lake Erie

Posted at 2:01 PM, Feb 19, 2019
and last updated 2019-02-19 14:01:53-05

TOLEDO, Ohio — Should a body of water like Lake Erie be given rights normally granted to a person? This question is one that voters in Toledo will think about this month when deciding the future of the world’s 11th largest lake, according to recent article by The New York Times.

Toledo voters will decide whether Lake Erie, which supports local economies in Cleveland and Buffalo, has the legal right to “exist, flourish and naturally evolve.”

The proposed Lake Erie Bill of Rights is part of growing efforts to carve out legal status for parts of nature, including rivers, other lakes, forests and mountains, according to the Times.

The efforts have gathered momentum amid troubling times for the region’s body of freshwater, from poisonous algal blooms to runoff containing fertilizer and animal manure, all of which constantly pose a threat to the lake’s fish species.

Right now, under current law, lakes do not have any legal standing.

Supporters in Toledo admit while they think the initiative has a good chance of getting approved, it will likely be challenged in court as having little or no legal footing.

Opponents of the initiative include farmers in the area. If the initiative was passed, thousands of small farms could be sued for damages because of pollution.

The Times reports that the bill has put Toledo officials in an unfavorable position because if they oppose the measure, they fear it will make them look like they support polluting Lake Erie.

“The initiative is a powerful tactic. And for me, coming from an activist background, it is important to send messages. But this is probably unconstitutional,” said Nick Komives, a City Council member in Toledo who supports a clean lake but opposed the measure because it could likely drain finances from the city.

Read the full report here.

RELATED: Judge dismisses lawsuit seeking action on Lake Erie algae