One Fish, Two Fish, Red Fish, Dead Fish: How Two Fish Kills in the White River Demonstrate Changes in the Historic Protection of the Commons in Indiana

Abstract

Common property resources, often shortened to the commons, are natural resources meant to be accessible by all. In Indiana, an important part of the commons is the White River. Although the concept of the commons entered American intellectual spheres through the earliest European settlements and has been a part of the American legal system since the official formation of the United States in 1776, the role of common property resources in American history has constantly changed. Fish kills in the White River near Noblesville in 1896 and Anderson in 1999 are the basis for a comparative study of American intellectual perception and legal protection of the commons at the state and federal level. While both events resulted in great damage to the ecosystem of the White River, they had disparate outcomes, which have yet to be studied from a historic perspective. In 1896, there were minimal legal consequences for the industry that polluted the White River, consisting of a small fine of $250. In 1999, there were civil and criminal court cases with charges brought against the primary industrial polluter, which resulted in approximately $14 million in fines, as well as the creation of a consent decree, state and federal efforts to clean and rehabilitate the White River, and further economic consequences for the polluter. The outcomes to the fish kills represent a social and intellectual shift in the United States which paved the way for greater protection of the commons. The former American conception of nature, which focused on the wilderness and conquest, transformed into a model influenced by science with much more emphasis on protecting the integrity of the natural world. Communities confronted by the consequences of pollution and ecological damage needed to find new ways to protect the commons through the law. Ultimately, the commons in the state of Indiana and within the United States at large continues to have an ever-changing intellectual and legal status and will continue to undergo changes and scrutiny as experts debate who should be allowed to access the commons and who is responsible for its protection in the modern world.