Fighting pollution: Toledo residents want personhood status for Lake Erie

Satellite images capture the algae bloom in Lake Erie in 2017. The algae bloom is caused in part by phosphorous runoff from farms and poses a health risk.

In early August 2014, Crystal Jankowski was late in her pregnancy and knew she was about due. In was hot and humid where she lived in Toledo, Ohio and she remembers just wanting to relax in a cool shower.

But the graphic designer could not take one. The water source for Toledo is Lake Erie, and an algae bloom caused in part by phosphorous runoff from farms had sickened the lake with an overload of “microcystin” bacteria. The city banned drinking the water for a week and “children, the elderly and pregnant women” were instructed not to even shower.

“My gynecologist told me, ‘Don’t even touch the water, it could make you and your baby very sick,’ and that really got to me,” she said.

“So many of us in the community realized we had to do something about this.”

They did, and the citizens of Toledo, on the western basin of Lake Erie, will now be voting on a controversial legal bill on 26 February. What they will be deciding is whether Lake Erie has the same legal rights as a corporation or person.

There have been cities and townships in the United States that have passed ordinances making some types of polluting illegal, but no American city or state has changed the legality of nature in a way that is this big and this extensive – effectively giving personhood to a gigantic lake.

Called the Lake Erie Bill of Rights, it would grant personhood status to the lake, with the citizens being the guardians of the body of water. If passed, citizens could sue a polluter on behalf of the lake, and if the court finds the polluter guilty, the judge could impose penalties in the form of designated clean-ups and/or prevention programs.

“What has happened in Toledo is that we have lost our faith in the current mechanisms of power, and decided to take things into our own hands,” said Bryan Twitchell, a Toledo school teacher.

“We decided it was our personal responsibility to take action and pull us back from that brink so we can live near a healthy lake.”

This type of action has been happening in other parts of the world, but usually has involved smaller ecosystems and legal settlements with indigenous people. New Zealand granted legal personhood to the…

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