Sen. Meeks has introduced SB 39 entitled “responsibility for implementing natural resource doctrine.” I’m not familiar with environmental law, but I suspect the law has something to do with the recent scandal involving DNR’s approval of allowing BP’s Whiting plant to dump more toxic waste into Lake Michigan.
Requires the department of natural resources (DNR) to implement the public trust doctrine with respect to public freshwater lakes. Requires the natural resources commission to adopt rules identifying at least one division in DNR to implement the public trust doctrine with respect to public freshwater lakes. Adds “wildlife” to the definition of “natural resources”.
Well, on further review, maybe this doesn’t have anything to do with BP’s Whiting dumping. Sen. Meeks bill amends IC 14-26-2 which concerns “public freshwater lakes” – the term is defined specifically to exclude Lake Michigan. IC 14-26-2 sets forth some “public rights” with respect to these lakes. My best guess is that nobody at DNR is particularly in charge of enforcing these public rights and, therefore, this statute, as implemented, is more or less worthless. Perhaps Sen. Meeks is trying to make sure that it’s somebody’s job to look out for these rights. Just a guess, though.
Update Looks like Sen. Meeks’ SB 41 involves public freshwater lakes as well
[tags]environmental law[/tags]
Doug –
I think you need to close the bold tag on the update to this post!
Did that do it?
Thanks! I forgot the “/” on my close tag.