Lough Neagh: How Rights of Nature Could Restore a Lake and a Community
Lough Neagh at Killywoolaghan. Kenneth Allen, CC BY-SA 2.0 <https://creativecommons.org/licenses/by-sa/2.0>, via Wikimedia Commons
Lough Neagh (the Anglicized version of the Irish name, Loch nEachach, pronounced “lock nay,”) is the largest lake in the United Kingdom, an important resource for drinking water and the local fishing and farming economies.
But it’s in trouble.
Raw sewage and agricultural runoff have harmed the lake. In 2023 and 2024, the cyanobacteria algae blooms were so bad, they could be seen from space. International media picked up the demonstrations, mock funereal wakes for the lough, and the biodiversity loss.
Click the image to watch the ~5-minute video on YouTube
Spurred by the crisis, a coalition of Earth law experts (principally Lawyers for Nature, Earth Law Center, Queen’s University Belfast School of Law, and a corporate law advisor from Pillsbury) outlined several options for the community, including transfer pathways that would result in the lough’s self ownership.
The situation is complicated. The bed and soil is owned by Nicholas Ashley-Cooper, the 12th Earl of Shaftesbury. Historically, sewage has been piped into the lake, a practice only allowed through Crown immunity. Farming practices also have contributed to the excessive nutrients. The Earl has expressed an openness to transfer the bed and soil to a charity or similar private ownership, but not without compensation. He has said:
“I have always understood the sensitivities of my ownership in Northern Ireland. Since inheriting in 2005, I have repeatedly stated my willingness to explore different options for ownership as part of ongoing efforts to ensure a secure and sustainable future for Lough Neagh. . . . I would like to transfer the ownership of the Shaftesbury Estate of Lough Neagh Ltd into a charity or community trust model, with Rights of Nature included, as I think that this could be the best way to support the long-term future of Lough Neagh.”
The lough’s situation thus presents a remarkable opportunity to explore the creative development of private law as it relates to the Rights of Nature.
Three Possible Earth Law Solutions
In the case of Lough Neagh, momentum is building toward the creation of a citizens’ assembly, intended to provide important direction regarding the community’s evolving relationship with the lough.
If it comes to pass, the citizens’ assembly will be an important step forward in establishing the lough’s legal situation going forward. Such an assembly, however, is just one among many ways to promote innovative ecocentric governance structures. In its memorandum, the coalition identifies three Earth law solutions that could be applied to virtually any body of water:
Legal personhood. Recognizing a water body as a living, sacred entity that owns itself allows it to fight for its rights. A legal guardianship body represents the river or lake’s interests in law, policy, and public hearings. While this is the strongest option legally, it requires legislative or constitutional reform to allow an ecosystem to have personhood.
Set up a Nature Guardianship Company or Trust. Private law can be used in situations when the national or regional laws do not recognize the Rights of Nature. The stakeholders in and around a water body can form a company or trust to legally own it and then incorporate Earth law principles and practices into their governance. To be successful in creating a holistic, just transition, private law mechanisms will also rely on third party experts such as Involve (a public participation charity).
Approve non-binding resolutions or declarations. This option provides the weakest legal protection but can still be meaningful. The regional government or local body can approve a resolution declaring that a water body has legal rights and propose a process for governance. These declarations can enhance public awareness of the issues and build a platform for future legal reforms.
How Can I Help?
Earth Law Center (ELC) will continue to support ecocentric legal innovation for Lough Neagh as legal advisors, sharing best practices, resources, and international networks. You can support ELC’s work with the lough, and advocating for the rights of ecosystems around the world, by following our work or donating.
