This episode explores the Lake Erie Bill of Rights and the opposition it faced from extractive industries. It also discusses misleading recycling symbols, the benefits of electric vehicles, contrasting views on nature conservation, and the challenges in getting the bill on the ballot. The hosts also share a preview of upcoming episodes and express gratitude for listener support.
The passage of the Lake Erie Bill of Rights triggered a fierce industry backlash, with the fossil fuel and chemical industries feeling threatened by the idea of granting legal rights to nature.
In response to the rights of nature movement, several states, starting with Ohio, passed preemptive laws to prohibit the granting of rights to nature, but organizers and activists remain undeterred, viewing the preemption as validation that they are making progress and challenging the right people.
Deep dives
The Toledo Water Crisis and the Origins of Rights of Nature
The podcast episode starts by discussing the water crisis in Toledo, Ohio in 2014, where toxic algal bloom made tap water undrinkable for three days. This crisis motivated Marky Miller, an environmental studies graduate, to get involved in finding a new approach to tackle environmental problems. In search of a solution, Miller and other citizens of Toledo attended a lecture on rights of nature and felt it was the approach they were looking for. They drafted the Lake Erie Bill of Rights, which aimed to grant legal rights to Lake Erie, including the right to exist, flourish, and naturally evolve. The bill passed in February 2019 with 60% of the vote but was later declared unconstitutional by a federal judge due to vagueness and jurisdictional issues.
The Backlash from Industries
The passage of the Lake Erie Bill of Rights triggered a fierce industry backlash. Various industries, including the fossil fuel and chemical industries, felt threatened by the idea of granting legal rights to nature. The opposition was well-funded, with opponents of the bill spending over $300,000, primarily supported by BP North America. The global nature of the chemical and fossil fuel industries made this local movement a matter of concern for them. Conservative media also started criticizing rights of nature as a subversive movement that threatens capitalism and human liberty.
Preemptive Laws and Continuing the Fight
In response to the rights of nature movement, several states, starting with Ohio, passed preemptive laws that prohibited the granting of rights to nature. These laws aimed to prevent future initiatives like the Lake Erie Bill of Rights. However, organizers and activists remain undeterred. They view the preemption as validation that they are making progress and challenging the right people. They continue to push for the recognition of rights of nature, with ongoing initiatives and legal battles in communities like Grant Township, Pennsylvania, where the opposition from the state and industry is strong.
International Impact and Momentum
The rights of nature movement is gaining momentum globally. Countries like Uganda and Panama have passed rights of nature legislation, while Chile is considering similar moves. In the United States, various cases and initiatives have been filed, demonstrating the continued growth of the movement. Despite the backlash, organizers and activists believe that change is inevitable and that the rights of nature movement will continue to challenge existing systems and bring about a new framework for decision-making.
In 2019, after a decade-long campaign, voters in Toledo Ohio voted to approve the Lake Erie Bill of Rights, effectively giving the lake personhood. It drew an incredible amount of attention. This wasn’t San Francisco hippies or Brooklyn hipsters talking about rights of nature, this was middle-aged moms in the Rust Belt, and that absolutely terrified any extractive industry. Agrichemical companies turned out in force against the bill, BP spent a fortune to try to stop it, and almost as soon as it passed it was being questioned in court. Then in 2020 the state smuggled a ban against rights-of-nature legislation into its annual budget bill. Similar preemptive bans on rights of nature have since been passed in Florida and Missouri. As one Ohio campaigner put it, “You know what you’re doing is working if they’re going around the country trying to preempt it.” In this ep we look at where the rights of nature movement is today, how the fossil fuel industry has responded, and what’s next.