In April the Ohio River was named the second-most endangered river by the national nonprofit American Rivers. The waterway faces threats from the forever chemical PFAS, and agriculture and industrial pollution, among other concerns.
The same day that American Rivers issued its report, a local conservation group announced a citizen-led initiative to grant rights to the Ohio River. Citizens for Rights of the Ohio River Watershed (CROW) is circulating a petition to get a charter amendment on the November ballot in Cincinnati to create an Ohio River Bill of Rights, which would allow citizens to represent the Ohio River in court.
"This law for the Ohio River would allow people to bring a case even before the permit is issued or to challenge the permit," says Tish O'Dell, a consulting director with the Community Environmental Legal Defense Fund.
But even if CROW gathers enough valid signatures to make the November ballot, their effort could hit a snag in more ways than one. Ohio has a law stating that no person can bring an action in court on behalf of "nature" or an "ecosystem." In addition, the state has a preemption law barring municipalities from adopting rights of nature laws.
Toledo recently passed a Lake Erie bill of rights that was later struck down by a judge. So, against these odds, how does CROW hope to succeed with their initiative? On Cincinnati Edition, we discuss the history of the Rights of Nature movement, the legal obstacles, and CROW's priorities with their proposed Ohio River bill of rights.
Guests:
- Bill Cahalan, a founding member, Citizens for Rights of the Ohio River Watershed
- Tish O'Dell, consulting director, Community Environmental Legal Defense Fund
- Christopher Berry, managing attorney, Animal Legal Defense Fund
Listen to Cincinnati Edition live at noon M-F. Audio for this segment will be uploaded after 4 p.m. ET.
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