A Mistake for the Lake: Why Ohio Should Rethink Its Ban on Rights of Nature for Lake Erie

“Throughout legal history, each successive extension of rights to some new entity has been, theretofore, a bit unthinkable.” - Professor Christopher Stone. The purpose of the rights of nature movement is to recognize that ecosystems and natural entities have the right to exist and thrive. Rights of nature give the natural entities legal protections against pollution and other harms. This Note recommends that the Ohio legislature reconsider its stance on prohibiting rights of nature under Ohio Revised Code Section 2305.011. This recommendation stems from the groundbreaking Lake Erie Bill of Rights, which granted rights of nature to Lake Erie in 2019, and its subsequent invalidation in federal court. This Note argues that rights of nature should be recognized at the state level in the state’s constitution. This Note further argues that recognition of rights of nature is a logical progression of granting legal standing and personhood rights to non-human entities. By recommending this change, this Note aims to ensure that a natural entity, like Lake Erie, can protect itself from harmful pollution.