Ohio Citizens Campaign to Grant Lake Erie Legal Rights

While politicians, business leaders, and environmentalists propose various strategies to address climate change — or outright deny its reality — a rising movement of activists is pursuing a different path to environmental preservation: granting legal rights to nature. The Global Alliance for the Rights of Nature (GARN), a coalition of organizations, leaders, and individuals from over 100 nations, is advocating for legal systems to acknowledge natural ecosystems as possessing rights similar to those of humans.

According to GARN, Indigenous communities worldwide have upheld these principles for thousands of years, thriving and safeguarding the planet in the process. GARN emphasizes that it's now time for the global community to adopt these values.

How Do 'Rights of Nature' Work?

According to the GARN website, ecosystems can be designated as the harmed party in legal disputes, granting them standing to address rights violations. For instance, Ecuador became the first nation to enshrine the Rights of Nature in its constitution in 2008, ensuring nature's "right to exist, persist, maintain, and regenerate its vital cycles." This constitutional provision empowers environmental advocates to legally defend ecosystems, with nature itself serving as the plaintiff.

Ecuador is not alone in advocating for nature's rights. In 2010, Bolivia adopted the Universal Declaration of the Rights of Mother Earth, mandating that individuals "respect and uphold the rights of Mother Earth."

Following the examples of Ecuador and Bolivia, numerous cities, organizations, and activists worldwide are rallying to acknowledge nature's intrinsic rights. In Toledo, Ohio, a dedicated group of residents made significant progress by advocating for the Lake Erie Bill of Rights, which aimed to grant legal rights to Lake Erie. This initiative was driven by local frustration over pollution and mismanagement of the lake. The group achieved a historic milestone with the passage of the first U.S. law recognizing an ecosystem's right to thrive, exist, and evolve, though the journey was far from straightforward.

Lake Erie's Troubled Past

On August 2, 2014, residents of Toledo faced a dire situation: their water supply was contaminated. Toxins from an algal bloom in Lake Erie left nearly half a million people without access to clean water for three days, as reported by the Alliance for the Great Lakes. The water was not only undrinkable but also hazardous to touch, a consequence of pollution from agricultural runoff that likely triggered the blooms.

"We couldn't drink, bathe, or cook — it was overwhelming," recalls Markie Miller, a longtime Toledo resident. Within a day, stores ran out of bottled water, forcing residents to travel to neighboring states to secure safe water. "It made us realize how dependent we are on tap water; the crisis brought the city to a standstill," she adds.

After the crisis subsided, Miller sought answers at town hall and public meetings, eager to understand Toledo's plans to prevent future disasters. "We were discouraged from discussing the causes of the crisis and were instead directed to focus on moving forward," she explains.

At that point, Miller decided to take a different path. In her late 20s, she began attending local gatherings where a group of frustrated citizens — later known as Toledoans for Safe Water — came together.

"Everything suddenly made sense," Miller recalls. "The government had established loopholes, essentially allowing corporate pollution to go unchecked. If we continued down this path, progress would remain out of reach." The group of citizens discussed, strategized, and spent years laying the groundwork. By 2016, they were ready to mobilize the community for petition support.

The Lake Erie Bill of Rights Is Born

The LEBOR initiative captured the interest of local residents. It aimed to "empower citizens to file lawsuits on behalf of Lake Erie, bypassing reliance on state authorities or regulatory bodies," as stated in a Toledoans for Safe Water press release. This approach was especially relevant for addressing challenges such as pollution and invasive species, according to Cleveland.com.

For Miller, the bill represented a crucial effort to safeguard Lake Erie as an essential resource. With signatures exceeding double the required number to place LEBOR on the ballot, it was clear that the Toledo community shared her commitment.

"Lake Erie is a life-sustaining system that must be preserved, and enforceable rights are the only way we can ensure its protection," she emphasizes.

Miller and the Toledoans for Safe Water team understood that this was just the beginning; transitioning from a petition to an actual vote posed significant challenges. Despite corporate opposition that delayed the vote and a $300,000 campaign against LEBOR, the measure ultimately passed with 61 percent support in early 2020.

LEBOR Passes and Then Is Shot Down

Miller was aware that the victory would be short-lived. "We had barely 12 hours to celebrate our court win before an industrial agriculture corporation sued the city of Toledo," she explains. The company claimed the law harmed their business interests.

Supporters of LEBOR organized protests and rallied to defend the local charter amendment, but in February 2020, federal judge Jack Zouhary ruled the bill unconstitutional. "This decision is clear. LEBOR is unconstitutionally vague and oversteps the authority of municipal governments in Ohio," he stated.

Miller and the Toledoans for Safe Water team expected this outcome, which is why they redefined success early on. "You need to rethink what winning looks like," Miller says. "Creating confrontation is necessary to drive change. People must challenge existing ideas and laws."

According to Miller, the movement is gaining momentum. After Toledo's efforts with LEBOR, the rights of nature initiative is spreading quickly across states such as Hawaii, Florida, and Washington. Miller, who once avoided public speaking, addressed the United Nations on Earth Day 2019 about LEBOR. Her team's determination and achievements are motivating other states to join the cause for Lake Erie. In New York State, Buffalo assemblyman Pate Burke began advocating for a similar Lake Erie Bill of Rights in March, as reported by Cleveland.com. This could be the start of something significant.

This story is part of Covering Climate Now's week of coverage dedicated to Climate Solutions, commemorating the 50th anniversary of Earth Day. Covering Climate Now is a global journalism initiative aimed at enhancing climate story coverage.