Lake Erie Bill of Rights: Stifled by All Three Branches Yet Still Significant

81 Ohio State Law Journal Online 227 (2020)

University of Toledo Legal Studies Research Paper Forthcoming

12 Pages Posted: 3 Dec 2020

See all articles by Kenneth Kilbert

Kenneth Kilbert

University of Toledo College of Law

Date Written: October 20, 2020

Abstract

The Lake Erie Bill of Rights (LEBOR), declaring that Lake Erie has enforceable rights, received national and international attention when voters added it to the City of Toledo, Ohio charter in 2019. This innovative “rights of nature” ordinance held out the promise of a new legal tool to combat the harmful algal blooms which annually plague Lake Erie. But just a year later LEBOR was dead. This essay examines LEBOR and its genesis, describes and evaluates the roles all three branches of government played in killing the ordinance, and argues that even after its demise LEBOR remains highly significant as a landmark law and a powerful message.

Keywords: Lake Erie, rights of nature, algae

JEL Classification: K32

Suggested Citation

Kilbert, Kenneth, Lake Erie Bill of Rights: Stifled by All Three Branches Yet Still Significant (October 20, 2020). 81 Ohio State Law Journal Online 227 (2020), University of Toledo Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3733824

Kenneth Kilbert (Contact Author)

University of Toledo College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States
419-530-5597 (Phone)

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