CELDF Ballot Measure Overturned Once Again Because “Unconstitutionally Vague” energyindepth.org It’s a never-ending cycle with the Community Environmental Legal Defense Fund’s unwillingness to accept defeat over the constitutionality of its far-reaching “Rights of Nature” initiatives. Almost exactly one year after Toledo voters eked out a ballot measure to enact the Lake Erie Bill of Rights (LEBOR), a federal judge has ruled that very passage invalid. U.S. District Judge Jack Zouhary recently said his decision on the measure, co-authored by anti-industry group Toledoans for Safe Water, was easy: “This is not a close call. LEBOR is unconstitutionally vague and exceeds the power of municipal government in Ohio.” A day after the February 2019 special election, farm owner Mark Drewes filed a lawsuit challenging the legality of LEBOR and quickly garnered support from the Ohio Farm Bureau. The suit claimed the citizen-led referendum would present farms, such as Drewes Farms, with massive liability
for farm’s fertilizer practices because they cannot guarantee prevention of all runoff from entering the Lake Erie watershed. Drewes argued that his fields’ fertilizer dosages are already in compliance with Ohio state law, the filing says, and the LEBOR ruling would put the 5th generation family farm at severe risk. Adam Sharp, Executive Vice President of the Ohio Farm Bureau said of Thursday’s decision: “It is as clear today as it was one year ago that LEBOR was invalid and counterproductive to the real measures being taken for clean water in Ohio. We commend Mark Drewes for taking on this battle on behalf of farmers throughout the Lake Erie Watershed and we appreciate Judge Zouhary’s thoughtful verdict on this important issue. We hope this decision can place the focus back on the efforts Ohio farmers CELDF continued on page 14
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