Lake Erie: The Right to Flourish

After a poisonous algal toxin leached into a water intake near Toledo, Ohio in August 2014, over 500,000 people lost drinking water for three days. Every summer since this occurrence, residents have lived in fear of the recurring blooms in the shallow, warm, phosphorus-laden waters of Lake Erie. Not only is this devastating for Ohio locals, but this same issue is plaguing water sources around the world.

Lake Erie’s problems began long before the 2014 water crisis. It has a fascinating history of death and rebirth, from being at risk of “dying by suffocation,” according to TIME magazine 45 years ago, to a massive and inspirational cleanup in the early 1970s.

In 2016, frustrated with the annual toxic blooms and lack of improvement, a small group of citizens banded together to protect the vulnerable ecosystem. These individuals were committed to the idea that not only could they have an impact on improving Lake Erie, but they could influence change around the world with an innovative movement known as the Rights of Nature. They recognized the water source that provided drinking water for over 11 million people and the home to countless wildlife as having living rights that deserved to be protected.  This led to a two-year fight to introduce this concept as a law establishing the Lake Erie Bill of Rights, or LEBOR. The proposed amendment deemed that Lake Erie has the “right to exist, flourish, and naturally evolve.” It was truly a David vs. Goliath sized battle as this small group of citizens fought against large corporations and even the state government along the way. Voters overwhelmingly agreed with this concept, and on February 26, 2019, Lake Erie was officially given a voice by being granted the same legal rights as a person or corporation in the United States.

News of this innovative law spread throughout the United States, and numerous other communities are now working to establish their own Rights of Nature laws. People are becoming more willing to recognize ecosystems as a living entity that has unique rights.  Nature isn’t merely property to these organizers. These citizens are battling for stewardship, not ownership.

A large corporate agriculture company countersued against the bill and the law was nullified in court. However, many feel this was just a small battle in a much bigger war. Markie Miller, lead organizer for the Lake Erie Bill of Rights explains, “In no sense of my mind did LEBOR lose. We set out to have a win for this movement and spark a global conversation and change people’s perspectives and relationships with nature. It’s a victory no matter what at the end of the day. This created cultural change.”

Meanwhile, the bloom in Lake Erie, just like those occurring in places all over the world, continues to return in full force, creating giant toxic dead zones each summer.  The air becomes thick and noxious along the coast, beaches sit empty, and dead fish wash up on the shore.

Professor of Ecology and Lake Erie Center Director at the University of Toledo, Dr. Tom Bridgeman, has been studying the bloom for years and is advocating the need to fund further study and research as another potential solution.  His team has been instrumental in teaming up with members of private industry and nonprofits in utilizing breakthrough scientific devices and methods to track data about the algal blooms. From smart buoys that report live data to researchers, to a massive water sampling event, the science used to identify critical issues and solutions is remarkable. Perhaps most invaluable is the collaboration and teamwork taking place between so many groups to tackle this issue in a scientific and data-driven manner.

Since the law was nullified, many are wondering what comes next with the Rights of Nature movement locally and as a whole.  This small group of citizens was able to give a precious and fragile ecosystem a voice that has not been silenced by the judge ruling against a law.  Lake Erie has continued to be a loud and clear example of what is possible as communities all over the country have started forming their own movements.  These range in the fight for clean water in Florida, to banning aerial pesticide spraying in Oregon. And the fight for Lake Erie isn’t over, either. The demand for action has pressured local leaders to act in implementing numerous wetlands projects, Total Maximum Daily Load limits on commercial factory farm runoffs, and even facilitated in declaring the lake “impaired” which gives the EPA the power to enforce the Clean Water Act.

Ms. Miller believes this is just the beginning of a worldwide movement, and the local battle was part of their “vision statement” for the future.  “Our values are changing. Our priorities are changing. Our laws have to change to reflect those, just like they have throughout history.”

The Story Continues...


 


This is an ongoing multi-year conservation project. I am working with scientists, activists, farmers, fishermen, government officials, doctors, and other members of the community to tell the story of Lake Erie’s struggle with the annual algal bloom and to study the Rights of Nature legal concept. This project has been influential in deepening my understanding of environmental injustice and the people affected by the natural resources in peril.

If you are interested in learning more about this story, please contact me via email. 



jar of algae from lake erie
An algae sample is taken during the peak of summer bloom season.
lake erie wetlands
Wetlands along Lake Erie are vital in filtering runoff.

local Ohio farmers
Ohio farmers play a pivotal role in helping to reduce runoff.
scarlett tanager
The area is home to a major migratory bird passage over the lake.

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Great Lake
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days without drinking water
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people affected