Jonah Patel
The Illinois Constitution, under Article XI, Section 1, guarantees its residents the right to a healthy environment. The state's Environmental Enforcement Division and Environmental Crimes Bureau enforce the state's environmental laws by prosecuting polluters and holding them responsible for their actions. The Illinois Environmental Protection Act (415 ILCS 5) is the state's primary statute for establishing a unified, statewide program for restoring, protecting, and enhancing the quality of the environment.
| Characteristics | Values |
|---|---|
| Title | Environment |
| Article | XI |
| Public Policy | The state and the duty of each person is to provide and maintain a healthful environment for the benefit of this and future generations |
| Rights of Individuals | Each person has the right to a healthful environment and may enforce this right against any party through legal proceedings |
| Enforcement | The General Assembly shall provide by law for the implementation and enforcement of this public policy |
| Powers | The state and its residents have the power to protect the environment |
| Environmental Protection Act | 415 ILCS 5/1 et seq. |
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What You'll Learn
Article XI of the Illinois Constitution
Section 1 of Article XI outlines the public policy of the State and the duty of each person to "provide and maintain a healthful environment for the benefit of this and future generations". The General Assembly is responsible for providing, implementing, and enforcing laws to uphold this public policy.
Section 2 of Article XI establishes the rights of individuals, stating that "each person has the right to a healthful environment". This right can be enforced against any party, whether governmental or private, through legal proceedings. However, these proceedings are subject to reasonable limitations and regulations as provided by law.
The Illinois Constitution's recognition of the right to a healthy environment empowers individuals to take legal action against entities that infringe upon this right. This right is not just theoretical but is actively enforced by the state. For example, Attorney General Kwame Raoul has demonstrated his commitment to protecting this right by prosecuting polluters and holding them accountable through the Environmental Enforcement Division and Environmental Crimes Bureau.
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The right to a healthy environment
Article XI of the Illinois Constitution, entitled 'Environment', guarantees the right of the people of Illinois to a healthy environment. It consists of two sections and attempts to guarantee both the state and its residents the power to protect the environment.
Section 1 of Article XI states that it is the public policy of the State and the duty of each person to provide and maintain a healthful environment for the benefit of this and future generations. The General Assembly is responsible for providing laws to implement and enforce this public policy.
Section 2 of Article XI states that each person has the right to a healthful environment and may enforce this right against any party, governmental or private, through appropriate legal proceedings. This right is subject to reasonable limitation and regulation as provided by law.
The Illinois Constitution's recognition of the right to a healthy environment is a significant step towards environmental justice. However, there have been challenges in enforcing this right, particularly for communities of colour, which have historically borne higher rates of pollution. The Attorney General of Illinois is committed to addressing these inequalities through enforcement, regulatory, and legislative action.
The Illinois Environmental Protection Act (415 ILCS 5) is the state's primary statute for establishing a unified program to restore, protect, and enhance the quality of the environment. It aims to ensure that adverse effects on the environment are considered and borne by those responsible. The Illinois EPA maintains and publishes the official version of the Illinois Administrative Code, which includes the Illinois Environmental Protection Act.
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The Environmental Enforcement Division
The Illinois Constitution guarantees the right of the people to a healthy environment. Article XI of the Illinois Constitution provides that each person has the right to a healthful environment and can enforce this right against any party, governmental or private, through appropriate legal proceedings.
The Attorney General's Environmental Enforcement Division handles civil environmental litigation, which includes the Environmental Bureau North, located in Chicago, and the Environmental Bureau South, located in Springfield. The Division has over 25 attorneys working across Illinois to protect the environment by enforcing Illinois laws and advocating for effective federal regulations.
The Attorney General files these cases in circuit court or with the Illinois Pollution Control Board against individuals, corporations, and others who have caused air, land, or water pollution; violated requirements applicable to hazardous waste or the operation of public water supplies; failed to obtain environmental permits; or committed other violations of environmental laws and regulations. The goal of these lawsuits is to compel violators to clean up contamination, perform necessary corrective actions, cease and desist from further violations, pay monetary penalties, and perform supplemental environmental projects to provide additional environmental benefits to impacted communities.
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The Environmental Protection Act
The Illinois Constitution guarantees its citizens the right to a healthy environment. Article XI of the Illinois Constitution states that each person has the right to a healthful environment and can enforce this right through legal proceedings. The public policy of the state and the duty of each person is to provide and maintain a healthful environment for the benefit of this and future generations.
The Illinois Environmental Protection Act (415 ILCS 5) is the state's primary statute for establishing a unified, statewide program for restoring, protecting, and enhancing the quality of the environment. It assures that adverse effects on the environment are avoided. The Illinois Constitution also forbids the use of public funds for any sectarian purposes, including support for any literary or scientific institution controlled by any church or sectarian denomination.
The Attorney General's office plays a crucial role in preserving the environment in Illinois. The Environmental Enforcement Division and the Environmental Crimes Bureau enforce the state's environmental laws by prosecuting polluters through civil and criminal actions. They also encourage citizens to report pollution and environmental concerns within their communities. The Attorney General's office focuses on agricultural issues, serving as an advocate and educator for agricultural producers.
In 2021, Attorney General Raoul convened a virtual town hall to address the inequalities in pollution rates across communities, particularly communities of color, and to discuss ways to better protect those living in overburdened communities through enforcement, regulatory, and legislative action.
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The Illinois Pollution Control Board
The Illinois Constitution guarantees the right of the people to a healthy environment. Article XI of the Illinois Constitution states that each person has the right to a healthful environment and can enforce this right against any party through legal proceedings.
The Board works closely with the Illinois EPA to ensure effective environmental management. It sets standards and regulations that the Illinois EPA then enforces to address pollution and environmental concerns. The Illinois Pollution Control Board also has the power to initiate rulemaking processes and propose new regulations or amendments to existing ones. This dynamic ensures that Illinois' environmental policies remain up-to-date and responsive to emerging ecological challenges.
Additionally, the Illinois Attorney General's Office plays a significant role in enforcing the state's environmental laws. The Environmental Enforcement Division and the Environmental Crimes Bureau within the Attorney General's Office work to protect the environment through civil and criminal prosecution of polluters. They handle civil environmental litigation, advocating for effective federal regulations, and addressing environmental crimes. The Attorney General's Office also recognises that environmental justice requires confronting inequalities, particularly in communities of colour, that have been disproportionately affected by pollution.
The Illinois Constitution and the work of the Illinois Pollution Control Board, supported by the Attorney General's Office, demonstrate a comprehensive approach to environmental protection and a commitment to ensuring a healthful environment for the people of Illinois, both in the present and for future generations.
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Frequently asked questions
Article XI of the Illinois Constitution, also known as the Environment Article, guarantees the right of the people to a healthy environment.
The Environment Article attempts to guarantee both the state and its residents the power to protect the environment.
The Illinois Environmental Protection Act (415 ILCS 5) is the state's primary statute for establishing a unified, statewide program for restoring, protecting, and enhancing the quality of the environment. It also ensures that adverse effects on the environment are considered and borne by those responsible.
The public policy of the state and the duty of each person is to provide and maintain a healthful environment for the benefit of this and future generations.
The Attorney General's Environmental Enforcement Division and Environmental Crimes Bureau enforce the state's environmental laws by prosecuting polluters through civil and criminal litigation. The office also welcomes questions, comments, and concerns from Illinois citizens about environmental issues.
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