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Read More**UPDATE: The Ohio Supreme Court ruled in favor of the Lake Erie Bill of Rights appearing on the Toledo special election ballot Feb. 26. Here is a Jan. 29 Legal with Leah update from Leah Curtis.
You could be sued by Lake Erie, or more precisely, by any resident of Toledo who wants to speak for the lake and finds fault with the way you’re farming or doing business.
It sounds incredible, but the threat is real enough that Farm Bureau is engaged in the legal maneuvering.
Farm Bureau Policy Counsel Leah Curtis explains that a proposed amendment to the Toledo City Charter may be on the ballot during a special election Feb. 26. The measure would give Lake Erie and its watershed legal standing in court and allow any Toledo citizen to represent the lake and file lawsuits on its behalf.
The rights this measure would grant the lake include, “an ability to exist, flourish, be free from pollution” and other broadly described entitlements. Any farming practice that allegedly infringes on these rights presumably makes the farmer subject to a lawsuit. Farmers, businesses and government entities in the Lake Erie Watershed could be at risk of being sued.
Lake activists attempted this last fall, she said, but the board of elections refused to put it on the ballot based on court instructions. Since then, new legal precedent led the board of elections to allow the measure to go to a vote Feb. 26.
The issue potentially impacts all Ohioans as this case could establish law that applies statewide.
Stay updated on court actions and other aspects of this developing story in upcoming editions of the Buckeye Farm e-Newsletter, available to Farm Bureau member.
The Lake Erie Bill of Rights (LEBOR) is an example of a growing trend toward regulation through litigation. Aggrieved parties who have been unable to create public policy through the legislative process are turning to lawsuits as a means of getting their way. This tactic is also expensive, requiring additional time and legal fees for agricultural groups to counter in the courts.
“They’re hoping to get a friendly judge or jury to override lawmakers and rule writers,” said OFBF Senior Director of National and State Policy Jack Irvin.
“Bypassing the legislative process isn’t a thoughtful way to govern, but we’re seeing it more and more,” he said.
Policy Counsel Leah Curtis also offered sound advice.
“A good rule of thumb is when you’re presented with a petition from someone to sign, make sure you understand it, make sure you actually look at the language,” she said. “We hear from people all the time who say they didn’t know that’s what they were signing.”
Listen to more on the Lake Erie Bill of Rights on Legal with Leah
See a map of the target area for Lake Erie Bill of Rights lawsuits
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Read MoreThe Grand Champion Market Barrow exhibited by Nick Adams from Mercer County sold for a record $66,000.
Read MoreOhio Farm Bureau and the Union County Farm Bureau recently filed an amicus brief in a case with potential impacts to farmland preservation programs.
Read MoreAdam Sharp, Ohio Farm Bureau executive vice president, sent the following letter to the editor to The Toledo Blade in response to the Blade Editorial Board’s opinion piece, “Plan to protect Lake Erie needs teeth.”
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Read MoreA local farmer donated 90 bushels of soft winter wheat as a gift to the Ohio Farm Bureau Foundation.
Read MoreLandowners should have the right to challenge and make sure that a taking is necessary and that it’s limited to what is actually necessary so that the law is upheld.
Read MoreThe 2022 Ohio State Fair starts this week, so we want to encourage you to come out and see this year’s Land & Living Exhibit!
Read MoreReflecting on the first session of AgriPOWER, I feel excited, inspired, and open.
Read MoreUSDA’s Risk Management Agency is expanding double crop insurance opportunities in nearly 1,500 counties, including 87 of Ohio’s 88 counties, where double cropping is viable.
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