Environmental rights amendment: Difference between revisions
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An environmental rights amendment, also called a green amendment, is usually added to the bill of rights section of a constitution. These amendments guarantee citizens the right to clean air and water. Other rights, such as the right to a stable climate, preservation of natural, scenic, esthetic and historic values of the environment have also been included. <ref>{{Cite journal |last=Jones |first=Katelyn Joanna |date=2017-03-04 |title=Changing the Nature of Our Constitutional Default: The Fight for a Right to a Healthy Environment |url=http://dx.doi.org/10.32396/usurj.v3i2.172 |journal=USURJ: University of Saskatchewan Undergraduate Research Journal |volume=3 |issue=2 |doi=10.32396/usurj.v3i2.172 |issn=2292-1141}}</ref> <ref name=":0">{{Cite book |last=van Rossum |first=Maya K. |title=The Green Amendment: Securing Our Right to a Healthy Envionment |publisher=Disruption Books |year=2017 |isbn=978-1-63331-021-6 |edition=1st |location=Austin, TX and New York, NY |language=EN}}</ref> |
An environmental rights amendment, also called a green amendment, is usually added to the bill of rights section of a constitution. These amendments guarantee citizens the right to clean air and water. Other rights, such as the right to a stable climate, environmental justice, preservation of natural, scenic, esthetic and historic values of the environment have also been included. <ref>{{Cite journal |last=Jones |first=Katelyn Joanna |date=2017-03-04 |title=Changing the Nature of Our Constitutional Default: The Fight for a Right to a Healthy Environment |url=http://dx.doi.org/10.32396/usurj.v3i2.172 |journal=USURJ: University of Saskatchewan Undergraduate Research Journal |volume=3 |issue=2 |doi=10.32396/usurj.v3i2.172 |issn=2292-1141}}</ref> <ref name=":0">{{Cite book |last=van Rossum |first=Maya K. |title=The Green Amendment: Securing Our Right to a Healthy Envionment |publisher=Disruption Books |year=2017 |isbn=978-1-63331-021-6 |edition=1st |location=Austin, TX and New York, NY |language=EN}}</ref> |
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=== Article body === |
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While environmental rights are mentioned in a number of state constitutions, the state of Pennsylvania was the first to pass an actual environmental rights amendment<ref>{{Cite web |title=PA General Assembly |url=https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/00/00.001..HTM#:~:text=%C2%A7%2027.&text=The%20people%20have%20a%20right,including%20generations%20yet%20to%20come. |url-status=live |access-date=February 26, 2024 |website=PA General Assembly}}</ref> as part of their state's bill of rights in 1971. Montana added environmental rights in 1972<ref>{{Cite web |title=Section 1. Protection and improvement, MCA |url=https://leg.mt.gov/bills/mca/title_0000/article_0090/part_0010/section_0010/0000-0090-0010-0010.html |access-date=2024-03-13 |website=leg.mt.gov}}</ref>. It was not until 2022 that New York state<ref>{{Cite web |title=New York State Constitution |url=https://dos.ny.gov/system/files/documents/2022/01/Constitution-January-1-2022.pdf |url-status=live |access-date=March 13, 2024 |website=New York State Constitution}}</ref> added an environmental rights amendment to their bill of rights. There is no federal environmental rights amendment.<ref name=":0" /> |
While environmental rights are mentioned in a number of state constitutions, the state of Pennsylvania was the first to pass an actual environmental rights amendment<ref>{{Cite web |title=PA General Assembly |url=https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/00/00.001..HTM#:~:text=%C2%A7%2027.&text=The%20people%20have%20a%20right,including%20generations%20yet%20to%20come. |url-status=live |access-date=February 26, 2024 |website=PA General Assembly}}</ref> as part of their state's bill of rights in 1971. Montana added environmental rights in 1972<ref>{{Cite web |title=Section 1. Protection and improvement, MCA |url=https://leg.mt.gov/bills/mca/title_0000/article_0090/part_0010/section_0010/0000-0090-0010-0010.html |access-date=2024-03-13 |website=leg.mt.gov}}</ref>. It was not until 2022 that New York state<ref>{{Cite web |title=New York State Constitution |url=https://dos.ny.gov/system/files/documents/2022/01/Constitution-January-1-2022.pdf |url-status=live |access-date=March 13, 2024 |website=New York State Constitution}}</ref> added an environmental rights amendment to their bill of rights. There is no federal environmental rights amendment in the United States.<ref name=":0" /> |
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| ⚫ | There are several ways to add an environmental rights amendment to a state constitution. Although each state is slightly different, in general the state legislature has to pass legislation for the amendment, then it goes before the voters to decide if it will actually be added to the state constitution.<ref name=":1">{{Cite web |last=Holsopple |first=Kara |date=2023-07-21 |title=The movement to add an enviromental rights amendment to every state's constitution |url=https://www.alleghenyfront.org/the-movement-to-add-an-enviromental-rights-amendment-to-every-states-constitution/ |access-date=2024-03-13 |website=The Allegheny Front |language=en-US}}</ref> |
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Pennsylvania's environmental rights amendment was proposed by conservationist Ralph W. Abele about 1969 when he became executive secretary of the Joint Legislative Air and Water Pollution Control and Conservation Committee of the Pennsylvania House and Senate.<ref name=":3">{{Cite web |title=Ralph Abele Bio |url=https://www.fishandboat.com/About-Us/Pages/Ralph-Abele.aspx |access-date=2024-03-17 |website=Pennsylvania Fish and Boat Commission |language=en-US}}</ref> In 1972 he became executive director of the Pennsylvania Fish Commission. During his entire career Mr. Abele was a strong voice for protecting the state's lakes, rivers and streams.<ref name=":3" /> |
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A citizen petition can also get an amendment before the people, if the petition can get enough signatures from residents in the state, and go though some other steps, then it can be put before the voters. Citizens in Florida are attempting to do this.<ref name=":1" /> |
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An environmental rights amendment included in a state or federal bill of rights raises the [[right to a healthy environment]] to the same level as other rights, such a free speech. But why would an environmental rights amendment be needed? Most unfortunately, many communities are exposed to air and water pollution as well as hazardous wastes. This especially affects communities of lower income or color <ref>{{Cite web |last=US EPA |first=ORD |date=2021-09-15 |title=EPA Research: Environmental Justice and Air Pollution |url=https://www.epa.gov/ej-research/epa-research-environmental-justice-and-air-pollution |access-date=2024-03-17 |website=www.epa.gov |language=en}}</ref> and is considered an issue of [[environmental justice]]. |
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| ⚫ | The states of California, Connecticut, Hawaii, Iowa, Kentucky, New Jersey, New Mexico, Tennessee, Texas, Vermont, Washington, and West Virginia have drafted, or are drafting, legislation to add environmental rights amendments to their state constitutions. Other states may well be added to this list as time goes on. As of March 2024, nine states have legislation proposed that could put it on the 2024 ballot. Hawaii, New Jersey, and Washington states have made the most progress toward this goal. <ref>{{Cite web |title=Green Amendment |url=https://www.ncelenviro.org/issue/green-amendment/ |access-date=2024-03-11 |website=National Caucus of Environmental Legislators |language=en-US}}</ref> <ref name=":2">{{Cite web |title=Green Amendments Gain Traction in More States Ahead of Elections |url=https://news.bloomberglaw.com/environment-and-energy/green-amendments-gain-traction-in-more-states-ahead-of-elections |access-date=2024-03-11 |website=news.bloomberglaw.com |language=en}}</ref> |
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| ⚫ | |||
| ⚫ | There are several ways to add an environmental rights amendment to a state constitution. Although each state is slightly different, in general the state legislature has to pass legislation for the amendment, then it goes before the voters to decide if it will actually be added to the state constitution.<ref name=":1">{{Cite web |last=Holsopple |first=Kara |date=2023-07-21 |title=The movement to add an enviromental rights amendment to every state's constitution |url=https://www.alleghenyfront.org/the-movement-to-add-an-enviromental-rights-amendment-to-every-states-constitution/ |access-date=2024-03-13 |website=The Allegheny Front |language=en-US}}</ref> |
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A citizen petition can also get an amendment before the people, if the petition can get enough signatures from residents in the state, and go though some other steps, then it can be put before the voters. Citizens in Florida are attempting to do this as of March 2024.<ref name=":1" /> |
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| ⚫ | The states of California, Connecticut, Hawaii, Iowa, Kentucky, New Jersey, New Mexico, Tennessee, Texas, Vermont, Washington, and West Virginia have drafted, or are drafting, legislation to add environmental rights amendments to their state constitutions. Other states may well be added to this list as time goes on. As of March 2024, nine states have legislation proposed that could potentially put it on the 2024 ballot. Hawaii, New Jersey, and Washington states have made the most progress toward this goal. <ref>{{Cite web |title=Green Amendment |url=https://www.ncelenviro.org/issue/green-amendment/ |access-date=2024-03-11 |website=National Caucus of Environmental Legislators |language=en-US}}</ref> <ref name=":2">{{Cite web |title=Green Amendments Gain Traction in More States Ahead of Elections |url=https://news.bloomberglaw.com/environment-and-energy/green-amendments-gain-traction-in-more-states-ahead-of-elections |access-date=2024-03-11 |website=news.bloomberglaw.com |language=en}}</ref> |
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An environmental rights amendment included in the state or federal bill of rights raises the right to a clean environment to the same level as other rights, such a free speech. But why would an environmental rights amendment be needed? A number of communities across the United States are exposed to air and water pollution. |
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It is important for the wording of an environmental rights amendment to be specific so that it is enforceable. With specific rights clearly spelled out, such amendments could potentially keep cases out of courts since citizens and regulators would have clear text to refer to when evaluating potential projects. Some are concerned that these amendments will increase the number of legal cases.<ref name=":2" /> |
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businesses afraid of |
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=== References === |
=== References === |
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Revision as of 22:36, 17 March 2024
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Article Draft
Lead
An environmental rights amendment, also called a green amendment, is usually added to the bill of rights section of a constitution. These amendments guarantee citizens the right to clean air and water. Other rights, such as the right to a stable climate, environmental justice, preservation of natural, scenic, esthetic and historic values of the environment have also been included. [1] [2]
Article body
While environmental rights are mentioned in a number of state constitutions, the state of Pennsylvania was the first to pass an actual environmental rights amendment[3] as part of their state's bill of rights in 1971. Montana added environmental rights in 1972[4]. It was not until 2022 that New York state[5] added an environmental rights amendment to their bill of rights. There is no federal environmental rights amendment in the United States.[2]
Pennsylvania's environmental rights amendment was proposed by conservationist Ralph W. Abele about 1969 when he became executive secretary of the Joint Legislative Air and Water Pollution Control and Conservation Committee of the Pennsylvania House and Senate.[6] In 1972 he became executive director of the Pennsylvania Fish Commission. During his entire career Mr. Abele was a strong voice for protecting the state's lakes, rivers and streams.[6]
An environmental rights amendment included in a state or federal bill of rights raises the right to a healthy environment to the same level as other rights, such a free speech. But why would an environmental rights amendment be needed? Most unfortunately, many communities are exposed to air and water pollution as well as hazardous wastes. This especially affects communities of lower income or color [7] and is considered an issue of environmental justice.
There are several ways to add an environmental rights amendment to a state constitution. Although each state is slightly different, in general the state legislature has to pass legislation for the amendment, then it goes before the voters to decide if it will actually be added to the state constitution.[8]
A citizen petition can also get an amendment before the people, if the petition can get enough signatures from residents in the state, and go though some other steps, then it can be put before the voters. Citizens in Florida are attempting to do this as of March 2024.[8]
The states of California, Connecticut, Hawaii, Iowa, Kentucky, New Jersey, New Mexico, Tennessee, Texas, Vermont, Washington, and West Virginia have drafted, or are drafting, legislation to add environmental rights amendments to their state constitutions. Other states may well be added to this list as time goes on. As of March 2024, nine states have legislation proposed that could potentially put it on the 2024 ballot. Hawaii, New Jersey, and Washington states have made the most progress toward this goal. [9] [10]
It is important for the wording of an environmental rights amendment to be specific so that it is enforceable. With specific rights clearly spelled out, such amendments could potentially keep cases out of courts since citizens and regulators would have clear text to refer to when evaluating potential projects. Some are concerned that these amendments will increase the number of legal cases.[10]
References
- ^ Jones, Katelyn Joanna (2017-03-04). "Changing the Nature of Our Constitutional Default: The Fight for a Right to a Healthy Environment". USURJ: University of Saskatchewan Undergraduate Research Journal. 3 (2). doi:10.32396/usurj.v3i2.172. ISSN 2292-1141.
- ^ a b van Rossum, Maya K. (2017). The Green Amendment: Securing Our Right to a Healthy Envionment (1st ed.). Austin, TX and New York, NY: Disruption Books. ISBN 978-1-63331-021-6.
- ^ "PA General Assembly". PA General Assembly. Retrieved February 26, 2024.
{{cite web}}: CS1 maint: url-status (link) - ^ "Section 1. Protection and improvement, MCA". leg.mt.gov. Retrieved 2024-03-13.
- ^ "New York State Constitution" (PDF). New York State Constitution. Retrieved March 13, 2024.
{{cite web}}: CS1 maint: url-status (link) - ^ a b "Ralph Abele Bio". Pennsylvania Fish and Boat Commission. Retrieved 2024-03-17.
- ^ US EPA, ORD (2021-09-15). "EPA Research: Environmental Justice and Air Pollution". www.epa.gov. Retrieved 2024-03-17.
- ^ a b Holsopple, Kara (2023-07-21). "The movement to add an enviromental rights amendment to every state's constitution". The Allegheny Front. Retrieved 2024-03-13.
- ^ "Green Amendment". National Caucus of Environmental Legislators. Retrieved 2024-03-11.
- ^ a b "Green Amendments Gain Traction in More States Ahead of Elections". news.bloomberglaw.com. Retrieved 2024-03-11.