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  • Lake Erie Bill of Rights (LEBOR) on February special election ballot
  • Article

    Lake Erie Bill of Rights (LEBOR) on February special election ballot

    Kelli Milligan Stammen | Posted on

    January 17, 2019



    Lake-Erie-water-quality

    **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.

    LEBOR target map

    Regulation through litigation

    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.”

    Online Extra

    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

    Ohio Farm Bureau membership

     

    New and beginning farmers
    My first recommendation in your journey is to start out with a local farming friend or mentor along with joining an organization like Ohio Farm Bureau.
    Greg McGlinch's avatar
    Greg McGlinch

    Darke County Farm Bureau

    Growing Tomorrow Grant
    We’re just so thankful for the Farm Bureau and the foundation for helping put this together. And of course, the Boyert family for the vision they had with this grant. It’s jumping us forward 10 years. It’s unbelievable.
    Nathan and Jill Parriman's avatar
    Nathan and Jill Parriman

    Clermont County Farm Bureau

    Bringing the farm back to life
    I could not have done it without the resources I have found through Farm Bureau.
    Gretchan Francis's avatar
    Gretchan Francis

    Trumbull County Farm Bureau

    Youth pathways in Farm Bureau
    It wasn’t until I joined the Wilmington College Collegiate Farm Bureau that I truly saw how my passion could translate into leadership, advocacy and a career.
    Wyatt Morrow's avatar
    Wyatt Morrow

    Clinton County Farm Bureau

    Giving farmers a voice
    The issue of property taxation remains as one of the biggest challenges our members face today. Ensuring agricultural property is valued for its agricultural potential and not development is critical to the continued success of Ohio agriculture.
    Matt Aultman's avatar
    Matt Aultman

    Darke County Farm Bureau

    Select Partner Program
    Through the Select Partner program, we became educated in farm insurance and weren't just selling policies. It became more and more clear why farmers need an advocate like Ohio Farm Bureau.
    Chad Ruhl's avatar
    Chad Ruhl

    Farm manager, CSI Insurance

    Advocacy
    So many of the issues that OFBF and its members are advocating for are important to all Ohioans. I look at OFBF as an agricultural watchdog advocating for farmers and rural communities across Ohio.
    Mary Smallsreed's avatar
    Mary Smallsreed

    Trumbull County Farm Bureau

    Suggested Tags:
    Lake ErieLake Erie Bill of RightsWater Quality

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    Ohio Farm Bureau Federation is a member of American Farm Bureau Federation®, a national organization of farmers and ranchers including Farm Bureau® organizations in 49 other states and Puerto Rico, and is responsible for Farm Bureau membership and programs within the State of Ohio. Ohio Farm Bureau Federation programs and services are available only to Farm Bureau members within Ohio. The political views expressed in these pages represent Ohio Farm Bureau Federation's positions on various issues as they relate to Ohio. The positions of the national Farm Bureau organization collectively are expressed through American Farm Bureau Federation. Any opinions, statements or views expressed through comments or by outside contributors are the express views of those individuals and do not necessarily represent the views of the Ohio Farm Bureau Federation.

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    Ohio Farm Bureau Federation is a member of American Farm Bureau Federation®, a national organization of farmers and ranchers including Farm Bureau® organizations in 49 other states and Puerto Rico, and is responsible for Farm Bureau membership and programs within the State of Ohio. Ohio Farm Bureau Federation programs and services are available only to Farm Bureau members within Ohio. The political views expressed in these pages represent Ohio Farm Bureau Federation's positions on various issues as they relate to Ohio. The positions of the national Farm Bureau organization collectively are expressed through American Farm Bureau Federation. Any opinions, statements or views expressed through comments or by outside contributors are the express views of those individuals and do not necessarily represent the views of the Ohio Farm Bureau Federation.

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