Dayton Daily News

Court, lawmakers neglecting Lake Erie

- Thomas Suddes Thomas Suddes is an adjunct assistant professor at Ohio University. Send email to tsuddes@gmail.com.

Campaign 2018’s hurly-burly masks the stymied quest to protect Lake Erie from the pollution the Maumee River’s watershed pumps into the lake — and two other lakelinked developmen­ts.

Developmen­t One: A Sept. 21 Ohio Supreme Court ruling against a pollution-fighting Lake Erie Bill of Rights that revealed what looks like a prickly split inside the court.

The justices kept off November’s ballot a “Lake Erie Bill of Rights” amendment to Toledo’s city charter to “(declare) that Lake Erie and ... (its) watershed ‘possess the right to exist, flourish, and naturally evolve,’ ” and subjecting polluters to penalties.

The Supreme Court decision resembled its earlier rulings against similar measures. But Justice Sharon L. Kennedy, a Hamilton Republican, said the court’s rulings on the subject are a mish-mash that demands correction. And Justice Patrick Fischer, a Cincinnati Republican, said the court should stop dodging a review of Substitute House Bill 463’s constituti­onality. The lame-duck bill requires Boards of Elections to keep off the ballot voter-initiated measures the board (not a court) finds unconstitu­tional.

A bystander’s prediction: With the right facts and persuasive arguments, community environmen­tal bills of rights might eventually get on Ohio ballots.

The other developmen­t: A pointed Oct. 3 statement about Ohio’s brazen indifferen­ce to Lake Erie’s health by Senior U.S. District Judge James G. Carr, of Toledo, in a Clean Water Act case: “A result of (Ohio’s) inattentio­n

... the risk remains that sometime in the future, upwards of 500,000 Northwest Ohio residents will again, as they did in August 2014, be deprived of clean, safe water for drinking, bathing, and other normal and necessary uses.”

As if to confirm Carr’s viewpoint, consider obstacles Gov. John R. Kasich’s administra­tion has faced. In July, Kasich designated a number of Maumee River tributarie­s as “distressed” watersheds — distressed by phosphorou­s pollution. The more phosphorou­s in water, the faster that algae grows. (That 2014 mess that Carr referred to was a gigantic algae bloom in Lake Erie).

The Ohio Soil and Water Conservati­on Commission must approve Kasich’s watershed plan. But 13 weeks ago, on July 19, the commission sent Kasich’s proposal to a subcommitt­ee for study. At the Statehouse, “study” means “stall.”

Meanwhile, agribusine­ss lobbyists and their General Assembly pals rushed so fast to weaken Kasich’s plan you’d think someone had stocked an open bar inside the Statehouse. House Speaker Ryan Smith, a Republican from Gallia County’s Bidwell, and his fellow Republican, Senate President Larry Obhof, of Medina, said in so many words that Kasich needed to defer to legislator­s because, hey, they need to be part of “the process.” (“Process,” another Statehouse Flubber word, means “hear everybody out — then do what your campaign contributo­rs want.”)

So eight weeks ago, on Aug. 20, Obhof and Smith appointed (attention, George Orwell) a “Toward a Cleaner Lake Erie” Working Group, which has met ... twice. A General Assembly working group is a repair shop for the status quo. And Kasich leaves office on Jan. 14.

There’s no mystery about what threatens the lake. Lake Erie Waterkeepe­r, part of the Lake Erie Foundation, says this: “Currently the Maumee River watershed is targeted for the massive amounts of sediments — over 50 percent of Lake Erie’s sediment load — that flow into Lake Erie. In addition, the Maumee watershed provides over 40 percent of the phosphorou­s load to Lake Erie, which Heidelberg University states is predominat­ely from agricultur­e (which includes manure).”

Repeat: More than 50 percent of the sediment reaching Lake Erie, more than 40 percent of the phosphorou­s. You don’t have to be Julia Child to know what that’s a recipe for — unless you’re a member of the Ohio General Assembly.

The Ohio Soil and Water Conservati­on Commission must approve Kasich’s watershed plan. But 13 weeks ago, on July 19, the commission sent Kasich’s proposal to a subcommitt­ee for study. At the Statehouse, ‘study’ means ‘stall.’

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