The Battle for Rights of Nature Heats Up in the Great Lakes
By Valerie Vande Panne
In February, the voters of Toledo, Ohio, passed a ballot initiative that gives Lake Erie and those who rely on the lake's ecosystem a bill of rights. The idea is to protect and preserve the ecosystem so that the life that depends on it — humans included — can have access to safe, fresh drinking water.
On the surface, it seems pretty logical: Humans need water to survive, and if an ecosystem that is relied on for water—in this case, Lake Erie — is polluted (in this case, with algae), then the Lake Erie Bill of Rights (or LEBOR) would ensure the rights of humans would come before the polluters (in this case, big agriculture).
Except, that's not what's happening.
Rather, in a perhaps unsurprising move, the state of Ohio has at once both acknowledged rights of nature to exist, and taken them away, with a line written in, of all things, the state budget: "Nature or any ecosystem does not have standing to participate in or bring an action in any court of common pleas."
"It's not surprising that the Ohio legislature has the shameful distinction of being the first in the country to specifically name ecosystem rights — trying to quash them rather than taking the lead in recognizing them," the Community Environmental Legal Defense Fund (CELDF), which was involved in the initiative and is experienced with rights of nature laws and actions, said in a press release. The Lake Erie Bill of Rights has received international acclaim.
Last week, a judge ruled Toledoans for Safe Water, the local group behind the Lake Erie Bill of Rights, cannot defend the voter-passed initiative in a lawsuit brought by a factory farm against the city over the initiative. Yet, the state of Ohio is being permitted to support the farm in the lawsuit against the city.
Big agriculture, of course, is the primary source of nutrient pollution that has caused algae blooms that have denied half a million people access to clean, safe drinking water, sometimes for days at a time.
Markie Miller, Toledo resident and concerned citizen with Toledoans for Safe Water, said the new barriers to implementing LEBOR shows the citizens are on to something. "Obviously we're doing something right, because we're scaring the Farm Bureau."
As the lawsuit is set to proceed as of this writing, the judge said there was no need for the two sides (the farm or the city) to file briefs, and would, rather than hold a hearing, have a phone call on May 17. The call would be closed to the public, and without briefs, the public — who passed the initiative by more than 60 percent of the vote — will not have access to the arguments being used.
Meanwhile, according to a recent report released by the United Nations, "one million plant and animal species are on the verge of extinction, with alarming implications for human survival," the Washington Post reported.
The report specifically attributes the die-off to human activity. Worse, it points to an inevitable collapse of the natural world humans rely on for food and water.
"Nature's current rate of decline is unparalleled, and the accelerating rate of extinctions 'means grave impacts on people around the world are now likely,'" reported the Washington Post.
"All the studies say we need drastic action. If we think the courts are going to save the plants or the animals," said Tish O'Dell, Ohio community organizer with CELDF, "they aren't."
O'Dell points to the fact that the people who passed the law aren't part of the lawsuit trying to prevent its implementation, and to the fact that the state of Ohio is intervening on the side of the factory farm, "Not on the side of the people — and denies the people and the lake the right to intervene."
Laws should reflect our values, O'Dell continues. She supports a culture shift to curb the rapid decline of the natural world humans rely on. The change may take time, O'Dell said, saying, "It's like [with] segregation. That lunch counter moment, it wasn't in the courts. It was the pushing and the pushing," that shifted the courts. "That's what we have to do. As we get more and more people saying nature should have rights, doing their own laws and their own actions, it'll start shifting things."
While this shift could take time, we don't have 150 years to push or wait for nature to have the right to exist.
"We talk about climate change. It's climate crisis. In my opinion, they're committing crimes against humanity. It's homicide and ecocide. We have the scientific studies these species will go extinct. It's homicide because humans won't be able to live," O'Dell said. "We need to start getting more blunt about what is happening."
"People think the corporation is the problem," she continued, but cautions against blaming the farming industry or the oil and gas industries for our current situation: "It's your own government that's the problem, because they're protecting them."
It seems, then, we are in a time when corporations are considered people and their rights are preserved, and the rights of people — actual humans — to have access to the single thing they absolutely must have to survive, clean drinking water — are denied.
"If they think they've prevented this movement, all they've done is fired people up," Miller added.
Valerie Vande Panne is a writing fellow and chief correspondent at Local Peace Economy, a project of the Independent Media Institute. She is an independent journalist whose work has appeared in Columbia Journalism Review, In These Times, Politico, and many other publications.
This article was produced by Local Peace Economy, a project of the Independent Media Institute.
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Average monthly sea surface temperature (in degrees Celsius, red scale) and average continental rainfall in South America (in millimeters/month, blue scale) from 1981 to 2016. Sea surface temperatures and precipitation are generally higher around the equator. On the left, the area where El Niño – Southern Oscillation (ENSO) occurs; dotted lines indicate the Intertropical Convergence Zone (ITCZ) in January and July, responsible for transporting heat and humidity from the oceans around the tropics.
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By Derrick Z. Jackson
Officials at the highest levels are discussing the possibility of caving in on controlling the coronavirus and instead letting it run rampant throughout the United States until we reach "herd immunity," the point where the virus effectively runs out of people to infect. More than 6,200 scientists, health professionals, and research organizations say this is inhumane and have signed a memorandum rejecting herd immunity as a legitimate strategy.
Herd Immunity’s Unacceptable Toll<p>Resumption of normal life in the United States under a herd immunity approach would result in an enormous death toll by all estimates. Former CDC director Tom Frieden <a href="https://www.washingtonpost.com/opinions/tom-frieden-herd-immunity-wrong-solution-coronavirus/2020/10/16/acb4ae8a-0fe6-11eb-8074-0e943a91bf08_story.html" target="_blank">estimates</a> that another 500,000 people would have to die to achieve 60 percent herd immunity. "And that's the best-case scenario," Frieden wrote in a <em>Washington Post</em> op-ed. "The number of deaths to get there could be twice as high."</p><p>Frieden said that is the best-case scenario because no one really knows if the <a href="https://www.mayoclinic.org/diseases-conditions/coronavirus/in-depth/herd-immunity-and-coronavirus/art-20486808" target="_blank">actual percentage needed</a> to see the virus peter out is to have it <a href="https://thehill.com/opinion/healthcare/521834-covid-19-vaccine-barriers-efficacy-availability-and-acceptability" target="_blank" rel="noopener noreferrer">infect</a> more like <a href="https://www.washingtonpost.com/health/2020/08/31/herd-immunity-covid-19/" target="_blank" rel="noopener noreferrer">65, 70,</a> or even <a href="https://www.vox.com/21451282/herd-immunity-explained-covid-19-pandemic" target="_blank" rel="noopener noreferrer">75 percent</a> of the population. Even if immunity could be miraculously achieved at 50 percent, an estimate <a href="https://www.nature.com/articles/s41577-020-00451-5" target="_blank" rel="noopener noreferrer">published</a> in <em>Nature Reviews Immunology</em> places the range of sacrifice somewhere between 500,000 and 2.1 million deaths.</p><p>That makes it little wonder that Anthony Fauci, the most respected scientist advising the Trump administration on the pandemic, called herd immunity for the coronavirus "total nonsense." Fauci is backed up by the likes of National Institutes of Health Director Francis Collins, who said herd immunity is a "dangerous" and "fringe" component of epidemiology. Ashish Jha, dean of the Brown University School of Health <a href="https://www.bostonglobe.com/2020/10/20/nation/scores-mass-scientists-doctors-sign-open-letter-against-herd-immunity-proposal/?outputType=amp" target="_blank" rel="noopener noreferrer">called</a> herd immunity "junk science."</p><p>The head of the World Health Organization (WHO), Tedros Adhanom Ghebreyesus, <a href="https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-covid-19---12-october-2020" target="_blank" rel="noopener noreferrer">said this month</a> that the only acceptable form of "herd immunity" is achieved through vaccination. "Herd immunity is achieved by protecting people from a virus, not by exposing them to it," the secretary general said. "Never in the history of public health has herd immunity been used as a strategy for responding to an outbreak, let alone a pandemic... Allowing a dangerous virus that we don't fully understand to run free is simply unethical. It's not an option."</p>
Herd Immunity Is the National De Facto Strategy<p>Somehow, none of that has culled herd immunity from being considered as a legitimate approach for fighting COVID-19. Rather, the Great Barrington Declaration has much in common with the Trump administration's approach to the coronavirus, which has led to more people dying from COVID-19 in the United States than in any other nation on Earth.</p><p>A de facto herd immunity approach is the only thing that can explain the push by governors of so many states to <a href="https://blog.ucsusa.org/derrick-jackson/the-push-to-relax-covid-19-protections-exposes-age-old-racial-wounds" target="_blank">reopen</a> bars, restaurants, beaches, bowling alleys, and gyms in states even as the virus has raged and case numbers have been increasing. It is the only thing that can explain the federal designation of meatpackers as essential workers and state demands that teachers go back into classrooms despite outbreaks and deaths related to those professions.</p><p>It also explains how so many of the nation's most respected scientific voices have been silenced. Despite the virus's current "uncontrolled spread" in 34 states and Puerto Rico, according to October 21 <a href="https://www.covidexitstrategy.org/" target="_blank" rel="noopener noreferrer">tracking</a> by CovidExistStrategy.org, the White House has pushed aside Fauci, Coronavirus Task Force Coordinator Deborah Birx, Surgeon General Jerome Adams, and Robert Redfield, the head of the Centers for Disease Prevention and Control.</p><p>In their place, the administration has handed the pandemic podium to <a href="https://www.washingtonpost.com/politics/trumps-den-of-dissent-inside-the-white-house-task-force-as-coronavirus-surges/2020/10/19/7ff8ee6a-0a6e-11eb-859b-f9c27abe638d_story.html?utm_campaign=wp_to_your_health&utm_medium=email&utm_source=newsletter&wpisrc=nl_tyh&wpmk=1&pwapi_token=eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJjb29raWVuYW1lIjoid3BfY3J0aWQiLCJpc3MiOiJDYXJ0YSIsImNvb2tpZXZhbHVlIjoiNWE1ZDQ3N2M5YmJjMGYyNmNiMTViMmI0IiwidGFnIjoiNWY4ZGZhZmQ5ZDJmZGEwZWZiNGViMzQyIiwidXJsIjoiaHR0cHM6Ly93d3cud2FzaGluZ3RvbnBvc3QuY29tL3BvbGl0aWNzL3RydW1wcy1kZW4tb2YtZGlzc2VudC1pbnNpZGUtdGhlLXdoaXRlLWhvdXNlLXRhc2stZm9yY2UtYXMtY29yb25hdmlydXMtc3VyZ2VzLzIwMjAvMTAvMTkvN2ZmOGVlNmEtMGE2ZS0xMWViLTg1OWItZjljMjdhYmU2MzhkX3N0b3J5Lmh0bWw_dXRtX2NhbXBhaWduPXdwX3RvX3lvdXJfaGVhbHRoJnV0bV9tZWRpdW09ZW1haWwmdXRtX3NvdXJjZT1uZXdzbGV0dGVyJndwaXNyYz1ubF90eWgmd3Btaz0xIn0.MyoXrwQD-PwWqdbb70_JfrI_fxHO0be_O_tpTTMXBgE" target="_blank" rel="noopener noreferrer">Scott Atlas</a>, a radiologist and conservative pundit with <a href="https://blog.ucsusa.org/derrick-jackson/public-wants-science-based-policies-for-covid-19" target="_blank" rel="noopener noreferrer">no background</a> in infectious disease science or epidemiology in measuring disease prevalence. Inhumanely ignoring the more than half of U.S. adults having a pre-existing condition that could compromise them for COVID-19, he blithely praises herd immunity, <a href="https://blog.ucsusa.org/derrick-jackson/public-wants-science-based-policies-for-covid-19" target="_blank" rel="noopener noreferrer">saying,</a> "We can allow a lot of people to get infected. Those who are not at risk to die or have a serious hospital-requiring illness, we should be fine with letting them get infected."</p><p>He <a href="https://thehill.com/homenews/administration/521688-birx-confronted-pence-about-atlas" target="_blank" rel="noopener noreferrer">pooh-poohs</a> expanded testing, saying, "you are destroying the workforce." Twitter recently took down one of Atlas's tweets for falsely claiming, "Masks work? NO" and then lying that the WHO says widespread mask use is "not supported." The first sentence of the WHO's <a href="https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public/when-and-how-to-use-masks" target="_blank" rel="noopener noreferrer">webpage</a> on masks says, "Masks are a key measure to suppress the spread of COVID-19 and save lives."</p><p>Atlas denies that the White House has a "wide-open strategy of achieving herd immunity." But there's little doubt that the White House is wide open to the idea. Last week, Atlas <a href="https://www.foxnews.com/transcript/trump-adviser-calls-nbc-town-hall-brazen-display-of-media-duplicity" target="_blank" rel="noopener noreferrer">appeared</a> on Fox News <a href="https://www.wsj.com/articles/white-house-touts-document-calling-for-herd-immunity-approach-to-covid-19-crisis-11603051550" target="_blank" rel="noopener noreferrer">to say</a> the thrust of the Great Barrington Declaration "is exactly aligned with the president." That was seconded by a senior administration official who <a href="https://www.washingtonpost.com/health/covid-herd-immunity/2020/10/10/3910251c-0a60-11eb-859b-f9c27abe638d_story.html" target="_blank" rel="noopener noreferrer">told reporters</a> in a conference call that the Great Barrington Declaration "is endorsing what the president's policy has been for months."</p><p>The freezing out of scientists on the Coronavirus Task Force reached deep space levels this week (a metaphoric minus 455 degrees Fahrenheit), with multiple buckets of ice dumped on Fauci. Atlas diminished Fauci as "just one person" on the force, offering only a "limited approach." President Trump called Fauci a "disaster," <a href="https://www.washingtonpost.com/politics/trump-fauci-campaign-biden/2020/10/19/30b2fe58-1226-11eb-82af-864652063d61_story.html" target="_blank" rel="noopener noreferrer">claiming,</a> "People are tired of hearing Fauci and these idiots, all these idiots who got it wrong."</p>
Many Thousands of Lives Can Still Be Saved<p>Atlas's malpractice already merits his dismissal. He should be forced to step down because his disregard for science will surely lead to incalculable disaster if a herd immunity approach becomes official government policy. Calls for his ouster have already begun even from inside the task force. <a href="https://www.washingtonpost.com/politics/trumps-den-of-dissent-inside-the-white-house-task-force-as-coronavirus-surges/2020/10/19/7ff8ee6a-0a6e-11eb-859b-f9c27abe638d_story.html" target="_blank">According</a> to the <em>Washington Post</em>, Birx went to Vice President Mike Pence to suggest removing Atlas. All Pence reportedly did was ask Birx and Atlas to work out their problems on their own.</p><p>There is no time left for such discord within the task force and for discordant messages to come from the White House on how people should protect themselves from COVID-19. The thousands of scientists and public health professionals who signed the John Snow Memorandum say "it is critical to act decisively and urgently," to launch a "robust" response on the level of New Zealand, Vietnam, or Japan—all of which have shown success in containing the virus and keeping the numbers of cases and deaths relatively low.</p><p>The approach that has been proven effective starts with face coverings and social distancing and reducing the temptation we all will feel during the oncoming winter holidays to have extended family gatherings. Researchers from MIT and the Vancouver School of Economics <a href="https://www.medrxiv.org/content/10.1101/2020.05.27.20115139v6.full.pdf" target="_blank">estimate</a> in a working paper that, if the United States had established a national mask mandate in mid-March, between 19,000 and 47,000 lives could have been saved by the end of May. Now that the nation's death toll approaches a quarter million lives lost, and is <a href="https://covid19.healthdata.org/united-states-of-america?view=total-deaths&tab=trend" target="_blank" rel="noopener noreferrer">projected</a> to reach nearly 400,000 by February 1, according to the Institutes for Health Metrics and Evaluation at the University of Washington, the institute estimates we could avoid 74,000 new deaths with universal mask use.</p><p>Importantly, masks protect others, including the most vulnerable among us. This week, the <em>Washington Post</em> reported how coronavirus outbreaks among college students partying in unmasked packs in LaCrosse, Wisconsin was found to have <a href="https://www.washingtonpost.com/health/2020/10/21/la-crosse-wisconsin-covid-outbreak-nursing-home-deaths/?utm_campaign=wp_to_your_health&utm_medium=email&utm_source=newsletter&wpisrc=nl_tyh&wpmk=1&pwapi_token=eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJjb29raWVuYW1lIjoid3BfY3J0aWQiLCJpc3MiOiJDYXJ0YSIsImNvb2tpZXZhbHVlIjoiNWE1ZDQ3N2M5YmJjMGYyNmNiMTViMmI0IiwidGFnIjoiNWY5MWU3YjU5ZDJmZGEwZWZiNTE3OGNmIiwidXJsIjoiaHR0cHM6Ly93d3cud2FzaGluZ3RvbnBvc3QuY29tL2hlYWx0aC8yMDIwLzEwLzIxL2xhLWNyb3NzZS13aXNjb25zaW4tY292aWQtb3V0YnJlYWstbnVyc2luZy1ob21lLWRlYXRocy8_dXRtX2NhbXBhaWduPXdwX3RvX3lvdXJfaGVhbHRoJnV0bV9tZWRpdW09ZW1haWwmdXRtX3NvdXJjZT1uZXdzbGV0dGVyJndwaXNyYz1ubF90eWgmd3Btaz0xIn0.6Ep-AvkJkNqGTE08UsekVlNWR01vYzQe-qg5BPruSQM" target="_blank" rel="noopener noreferrer">led to 19 deaths so far of people over the age of 60</a>. Before that, the city had gone without a single pandemic death in its nursing homes.</p><p>That is on the heels of the wedding in Millinocket, Maine that resulted in an outbreak that <a href="https://bangordailynews.com/2020/09/19/news/eight-deaths-now-tied-to-millinocket-area-wedding-outbreak-including-seven-at-nursing-home/" target="_blank" rel="noopener noreferrer">killed eight elderly people</a>, none of whom attended the event, and the 500,000-person Sturgis, South Dakota motorcycle rally that is <a href="https://www.washingtonpost.com/health/2020/10/17/sturgis-rally-spread/" target="_blank" rel="noopener noreferrer">now tied</a> to the massive coronavirus outbreak in the Upper Midwest and Mountain States. The Germain IZA Institute of Labor Economics estimates that the illness generated from the rally <a href="https://www.iza.org/publications/dp/13670/the-contagion-externality-of-a-superspreading-event-the-sturgis-motorcycle-rally-and-covid-19" target="_blank" rel="noopener noreferrer">will cost</a> the nation $12.2 billion in health care costs.</p><p>Atlas and the proponents of the Great Barrington Declaration have not yet said why this is just fine. That is why they must be unmasked for the charlatans that they are.</p>
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