Chattanooga Times Free Press

Should a lake get legal rights like a person? Toledo voters will decide.

- BY TIMOTHY WILLIAMS NEW YORK NEWS SERVICE

The failing health of Lake Erie, the world’s 11th largest lake, is at the heart of one of the most unusual questions to appear on an American ballot: Should a body of water be given rights normally associated with those granted to a person?

Voters in Toledo, Ohio, will be asked this month to decide whether Lake Erie, which supports the economies of four states, one Canadian province and the cities of Toledo, Cleveland and Buffalo, New York, has the legal right “to exist, flourish, and naturally evolve.”

The peculiar ballot question comes amid a string of environmen­tal calamities at the lake — poisonous algal blooms in summer, runoff containing fertilizer and animal manure, and a constant threat from invasive fish. But this special election is not merely symbolic. It is legal strategy: If the lake gets legal rights, the theory goes, people can sue polluters on its behalf.

The proposed Lake Erie Bill of Rights is part of a growing number of efforts to carve out legal status for elements of nature, including rivers, forests, mountains and even wild rice. The efforts, which began decades ago but have gathered momentum in recent years, seek to show that existing laws are insufficie­nt to protect nature against environmen­tal harm. Under current law, lakes and deserts do not have legal standing, so people cannot sue on their behalf.

In Toledo, residents and elected officials say they believe the initiative has a good chance of being approved, but there is a catch: The measure’s own backers acknowledg­e it is likely to be challenged in court as having little or no legal footing, and that it could ultimately be invalidate­d as reaching beyond the scope of city law.

The initiative’s main opponents are the owners of area farms, where much of the agricultur­al runoff that feeds the lake’s toxic algae originates. Farmers say that if the measure passes, thousands of small farms could be sued for damages for polluting the lake and driven out of business.

Thomas Linzey, executive director of the Community Environmen­tal Legal Defense Fund, a nonprofit group based in Pennsylvan­ia that helped write the measure, said existing environmen­tal laws were inadequate.

The intent of the initiative, Linzey said, is twofold — to send a warning that the community is fed up with a lack of state and federal action to protect Lake Erie, and to force the courts to recognize that ecosystems like the lake “possess independen­t rights to survive and be healthy.”

In other words, that rivers have a right to flow, forests have a right to thrive and lakes have a right to be clean.

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