The New Mexico and Nevada legislatures recently considered constitutional amendments to guarantee the right to a clean environment, and while the bills didn't pass, they reflect a national trend as environmentalists seek legal leverage under state law to fight polluters.
So-called "green amendments" highlight a person's inherent rights to clean air, water and soil. New Mexico and Nevada are among at that have considered such amendments to their state constitutions so far this year.
鈥淕reen amendments are essentially an environmental justice tool,鈥� said Kate Burgess of the National Caucus of Environmental Legislators. 鈥淭hey help solidify the obligation of the state to ensure that decisions impacting natural resources are vetted and also consider the cumulative impacts on communities for both present and future generations.鈥�
State constitutions in Montana and Pennsylvania, written in the early 1970s, were the first to guarantee the right to a clean environment. In Montana, "the right to a clean and healthful environment" has provided a in fighting the development of mines at the headwaters of the Blackfoot River and near Yellowstone National Park.
That language also currently underpins a weighing whether Montana's support of the fossil fuel industry with its State Energy Policy violates the rights of the plaintiffs 鈥� 16 kids who ranged in age from 2 to 18 鈥� as granted by the 鈥淐limate Change Exception鈥� in the Montana Environmental Policy Act. They argued that greenhouse gas emissions were triggering adverse consequences for the state and that they were disproportionately affected by these "life-long hardships." The group filed more than three years ago; in June, it will be the first youth-led climate case to go to trial.
Maya van Rossum has helped grow the movement in recent years through the group Green Amendments for the Generations.
鈥淚t's literally focused on recognizing that clean water, clean air, a stable climate and healthy environments are inalienable human rights that belong to the people,鈥� she said.
New York became the latest to add a green amendment in 2021.
鈥淭he truth is there are lots of environmental rights amendments in state constitutions across our nation,鈥� van Rossum said, 鈥渂ut they haven't meaningfully increased environmental protection because they haven't lifted up environmental rights to that highest constitutional standing and recognition.鈥�
The New Mexico lawmakers considered said residents "shall be entitled to clean and healthy air, water, soil and environment; a stable climate; and self-sustaining ecosystems, for the benefit of public health, safety and general welfare." It was nixed after a warned of 鈥渓egal uncertainty" and the potential for "costly litigation that could impact the financial feasibility of certain energy projects.鈥�
In Nevada, a was defeated over concerns that it would, as the Nevada Independent , "lead to unending lawsuits and roadblocks to new development and renewable energy projects and that they include vague terms that would be left up to interpretation within the state鈥檚 courts."
Still, Burgess says the movement is building.
鈥淐ommunity or public support is still growing as grassroots organizations are educating the public about it,鈥� she said. 鈥淏ut overwhelmingly, in the states where there's been momentum, the public has been on board.鈥�
Other states that have include Iowa, Texas, Maine, Connecticut and Tennessee, according to the National Caucus of Environmental Legislators.
This story was produced by the Mountain West News Bureau, a collaboration between Wyoming Public Media, Nevada Public Radio, Boise State Public Radio in Idaho, KUNR in Nevada, the O'Connor Center for the Rocky Mountain West in Montana, 萝莉少女 in Colorado, KUNM in New Mexico, with support from affiliate stations across the region. Funding for the Mountain West News Bureau is provided in part by the .
