Assemblyman Pat Burke (D-Buffalo) announced that he introduced legislation granting Lake Erie the legal right to exist, which would allow citizens to sue on the lake’s behalf if it is in danger of major environmental harm (A.6313).

“Lake Erie is a vital part of everyday life for Western New Yorkers, providing drinking water to millions of people and businesses,” Burke said. “If that water becomes polluted, our communities come to a screeching halt. Folks who live here deserve the right to protect our environment and fight back against corporate polluters that put Lake Erie and our health at risk.”

Burke’s bill would protect Lake Erie’s ecosystem by allowing citizens to sue polluters on its behalf. Lake Erie, which provides drinking water to more than 11 million people, currently faces several environmental threats, including toxic algae blooms caused by runoff pollution that not only affect drinking water, but prevent recreation on the lake’s shores.[1] Invasive species are also threatening the lake, harming both the drinking water and the commercial fishing industry.[2]

The legislation follows in the footsteps of Toledo, Ohio, where residents recently approved a ballot measure giving Lake Erie the legal right “to exist, flourish, and naturally evolve.”[3] In 2014, the city went without drinking water for three days due to phosphorus runoff from upstream farms.[4]

Environmental health has been a top priority for Burke, who was recently named chair of the Assembly Subcommittee on Oversight of the Department of Environmental Conservation (DEC). Earlier this year, he co-sponsored and passed a bill prohibiting oil and natural gas drilling in New York’s coastal areas (A.2572). Burke also wrote the first comprehensive municipal microbeads plastics ban in the nation as an Erie County legislator, prohibiting microbeads that can slip through sewage filters and get into waterways from being used in cosmetic products.[5]

“As Theodore Roosevelt said, ‘The conservation of natural resources is the fundamental problem. Unless we solve that problem it will avail us little to solve all others,’” Burke said. “We have to take this to heart. The livelihood and health of many Western New Yorkers depends on Lake Erie, and it’s our job to protect it from the harmful and careless actions of polluters.”
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