Legal-Ease: Will Lake Erie sue you?

The residents of the city of Toledo voted that Lake Erie and its watershed, which includes Allen County and any county adjacent to Allen County, can sue any business or government that causes harm to Lake Erie or fails to undertake protective action of Lake Erie. This law is largely symbolic designed to show that Toledo wants less pollution in Lake Erie and is not likely to be enforced.

If LEBOR were to actually be enforced, it could immediately affect all businesses in northwest Ohio.

Last week, the residents of the city of Toledo voted that Lake Erie and its watershed (which includes Allen County and every county adjacent to Allen County) can sue any business or government that either causes “harm” Lake Erie or fails to undertake “protective action” of Lake Erie. Even though the “law” was titled as the Lake Erie Bill of Rights, LEBOR provides that Lake Erie’s rights are only due from businesses and governments.

Essentially, LEBOR vaguely, without enforcement standards or specifics of any type, attempts to empower any person to sue any “corporation or government” that does something to harm Lake Erie in any way or any corporation or government that fails to do whatever any private person thinks is appropriate to “protect Lake Erie and its watershed.”

Read more about LEBOR and the affect it could have on the Lake Erie region in Lee’s article in the Lima News here: Legal-Ease: Will Lake Erie sue you?

Source: LimaOhio.com, “Legal-Ease: Will Lake Erie sue you?,” by Lee R. Schroeder, March 2, 2019

Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at [email protected] or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.

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