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Lake Erie Bill of Rights Ruled Invalid by Federal Judge

By March 5, 2020April 30th, 2024No Comments

Photo by NOAA Great Lakes Environmental Research Laboratory

On February 27, a judge in Toledo ruled the Lake Erie Bill of Rights (LEBOR) that was put into place during a special election in February 2019 is unconstitutional. The ruling by U.S. District Judge Jack Zouhary says the citizen-passed law is: “unconstitutionally vague and exceeds the power of municipal government in Ohio. It is therefore invalid in its entirety.”

After an algal bloom in August 2014 infected drinking water in Toledo, Ohio, for three days, the seeds were planted for the Lake Erie Bill of Rights. LEBOR was passed in order to treat Lake Erie and the environment like a person, and would allow citizens to sue in the name of the lake. Plaintiff Drewes Farms Partnership, a business that spreads fertilizer on fields in the Lake Erie watershed, initiated the lawsuit going against LEBOR, and the case was taken before the State of Ohio. 

To read the ruling in its entirety, visit michiganradio.org/sites/michigan/files/202002/lebor_decision.pdf.