‘Rights of Nature’ Lake Erie Ordinance Sunk by Federal Court (2)

The “Lake Erie Bill of Rights” ordinance in Toledo, Ohio, has been struck down by a federal court, eliminating a local law that gave residents’ power to sue polluters and governments for phosphorus pollution that spurs the lake’s toxic algae blooms.

The Thursday ruling invalidated the local ordinance on federal constitutional grounds. The court reasoned that the provisions in the rule allowing local residents to sue businesses or governments that impede the lake’s ability to “exist, flourish and naturally evolve” are so vague that the ordinance violates the due process rights of the defendants that could have been sued.

“The ...