In February, 9 percent of Toledo, OH voters turned out to pass the “Lake Erie Bill of Rights” (LEBOR), which effectively grants Lake Erie legal personhood within the city’s charter.
The text of the initiative says Lake Erie, its watershed, and dependent ecosystem “possess the right to exist, flourish, and naturally evolve” and that citizens or businesses can sue the government if those rights are violated.
According to reporting by DTN’s Todd Neeley, the measure came about after a toxic algae bloom in Lake Erie in August 2014 contaminated Toledo drinking water supplies.
Residents were warned not to drink water during a three-day period.
Questions were raised about the cause of the bloom, and the finger was pointed at nutrient runoff from farms as a culprit.
After the initiative was approved by the voters, the constitutionality of LEBOR was challenged by the Drewes Farms Partnership.
The suit argues the law violates federal constitutional rights, including equal protection and freedom of speech, and is unenforceable for its vagueness.
According to Ohio Farm Bureau’s Policy Council, Leah Curtis, LEBOR effectively tries to override various permits necessary for farming.
The plaintiffs in the case assert that the law threatens their ability to farm.
In late March, Ohio Attorney General, Dave Yost, filed a motion to intervene on the plaintiff’s side against LEBOR.
An injunction has since been issued against the implementation of LEBOR.
