Jonah Patel
The Green Amendment is a growing movement to establish a constitutional mandate that recognizes a healthy environment as a basic civil liberty and an inherent legal right of citizens. It aims to address the shortcomings of the environmental regulatory system by placing environmental rights on par with other fundamental rights, such as freedom of speech and religion. While the movement initially focused on state-level amendments, with states like Montana, Pennsylvania, and New York leading the way, the ultimate goal is to secure a federal Green Amendment. This would require significant support from states and Congress, highlighting the importance of grassroots organizing and education in building momentum for this environmental rights movement.
| Characteristics | Values |
|---|---|
| Number of states with Green Amendments | 3 (Montana, New York, and Pennsylvania) |
| Number of states with explicit environmental-rights provisions | 6 (Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island) |
| Number of states with constitutional protection for the right to a healthy environment | 4 (Hawaii, Rhode Island, Illinois, and Massachusetts) |
| Number of states with proposed Green Amendment legislation | 16 (Arizona, California, Connecticut, Hawaii, Iowa, Kentucky, Maine, Maryland, Nevada, New Jersey, New Mexico, Tennessee, Texas, Vermont, Washington, and West Virginia) |
| Number of states requiring support for a federal constitutional amendment | 34 |
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What You'll Learn
The Green Amendment movement
The movement's strategy focuses on grassroots organizing, education, and securing constitutional protections at the state level. This state-by-state approach serves a dual purpose: it provides immediate protections for citizens within those states and also lays the foundation for a future federal Green Amendment. As of 2024, three states—Montana, New York, and Pennsylvania—have successfully established Green Amendments, while at least nine other states are considering similar legislation.
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Environmental rights as civil liberties
Environmental rights amendments, or "Green Amendments", are gaining momentum across the United States as communities face worsening environmental threats. These amendments seek to establish a constitutional mandate that recognises the inherent and generational legal right of citizens to a clean and healthy environment. This includes rights to clean air, water, and a stable climate, placing these rights on par with other civil liberties like freedom of speech and religion.
Montana, Pennsylvania, and New York have successfully established constitutional rights to a healthy environment through Green Amendments. Pennsylvania's Green Amendment, established in 1971, played a pivotal role in defeating a pro-fracking law in 2013, showcasing its potential to prevent environmental harm. At least nine more states are considering similar bills, with proposed legislation in Arizona, California, Connecticut, and several other states.
The movement for Green Amendments was pioneered by environmental advocate and attorney Maya van Rossum, who emphasised the need to address the shortcomings of the current environmental regulatory system. The conventional system often fails to prevent environmental harm and is biased towards industries and regulators rather than the people. By recognising environmental rights as civil liberties, Green Amendments empower citizens and provide a legal backstop to hold government authorities accountable for protecting environmental health.
Pursuing a constitutional environmental rights amendment is a complex and lengthy process. It requires significant grassroots advocacy, outreach, and education. Even after adoption, litigation may be necessary to ensure proper implementation and enforcement. Despite the challenges, advocates continue to push for state-level Green Amendments, recognising their importance in securing near-term protections and laying the foundation for a successful federal Green Amendment in the future.
The state-by-state approach is a strategic choice, as it helps build momentum and establish a strong foundation for a federal amendment. According to Article V of the U.S. Constitution, achieving a federal Green Amendment requires the support of 3/4 of the states. Thus, the focus on state-level efforts is a critical step towards securing nationwide recognition of environmental rights as fundamental civil liberties.
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State-level Green Amendments
Environmental threats are worsening and intersecting in communities across the United States. As a result, more states are expanding efforts to make a healthy environment a constitutional right. These are known as Green Amendments.
Green Amendments are amendments to a state constitution's bill of rights that guarantee citizens the inalienable right to clean air, clean water, and a healthy environment. They establish a constitutional mandate recognizing a healthy environment as a basic civil liberty and an essential human right. Currently, three states—Montana, New York, and Pennsylvania—have established constitutional rights to a healthy environment via Green Amendments.
Pennsylvania's Green Amendment has been used to prevent environmental harm and hold governments and private companies accountable for their actions. For example, in a series of state supreme court cases in 2013, 2017, and 2021, the court imposed robust requirements on the government to honor the public trust and confirmed that individuals could sue directly under the amendment. In another case, the state's supreme court permitted an environmental group to sue a private mining company for contaminating groundwater with arsenic.
Several other states are considering or have proposed Green Amendments, including California, Florida, Hawaii, Maine, Nevada, New Mexico, and Texas. These states are facing challenges from industries that oppose these amendments, such as the oil and gas industry. However, grassroots environmentalists and allied state lawmakers are leading the push for these amendments to guarantee life-sustaining essentials as fundamental rights.
The ultimate goal of these state-level efforts is to secure a federal Green Amendment, which would provide even stronger protections for the environment and ensure that government authorities are protecting environmental health nationwide.
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Federal Green Amendment strategy
The Federal Green Amendment strategy is a movement to secure constitutional recognition of the right to a clean and healthy environment. This movement has gained momentum as communities across the United States face worsening environmental threats, such as unsafe water and unhealthy levels of air pollution. While some states have already established Green Amendments, the goal is to expand these protections nationwide.
The strategy focuses on three key areas: education, grassroots organizing, and constitutional protections at the state level. Educating the public about the importance of environmental rights and the shortcomings of the current regulatory system is a crucial aspect of the movement. Grassroots organizing involves building support through advocacy, outreach, and engagement at the local level. This includes signing petitions, participating in events, and joining organizations dedicated to this cause, such as the Sierra Club.
At the state level, the strategy aims to secure constitutional protections for environmental rights. This involves advocating for amendments to state constitutions' bills of rights, guaranteeing citizens' inalienable rights to clean air, clean water, and a healthy environment. As of 2024, only three states—Pennsylvania, Montana, and New York—have fully enacted Green Amendments, while several others have proposed or are considering similar legislation.
The state-by-state approach is intended to build a foundation for a successful federal Green Amendment. According to Article V of the U.S. Constitution, securing a federal constitutional amendment requires the support of 3/4 of the states. This can be achieved by gaining a 2/3 vote in each house of Congress or through a convention called by Congress upon receiving applications from 2/3 of the state legislatures. Therefore, the strategy's focus on building support and protections at the state level is a critical step toward achieving a federal Green Amendment.
By pursuing this multi-pronged strategy, the movement aims to secure not only immediate protections at the state level but also to lay the groundwork for a federal Green Amendment, ensuring that the right to a clean and healthy environment is recognized and protected nationwide.
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The right to a healthy environment
The Green Amendment is a movement to include the right to a healthy environment in the US Constitution. It aims to address the shortcomings of the current environmental regulatory system, which often fails to protect communities from worsening environmental threats. The movement was founded by environmental lawyer and advocate Maya van Rossum, following a landmark legal victory in 2013 that utilised Pennsylvania's Green Amendment to defeat a pro-fracking law.
The Green Amendment seeks to establish a constitutional mandate that recognises the right to a healthy environment as a fundamental and inalienable right for all citizens, including future generations. This includes the rights to clean air, clean water, and a stable climate. As of 2024, only three states have enacted Green Amendments: Pennsylvania (established in 1971), Montana (1972), and New York (2021). However, several other states, such as California, Arizona, and Hawaii, are also pursuing similar legislation.
The process of pursuing a constitutional amendment is a lengthy and challenging one. It requires significant grassroots advocacy, outreach, and education. Even if an amendment is adopted, litigation is often necessary to ensure it is implemented and enforced. Despite these challenges, the movement for Green Amendments continues to gain momentum, with growing support across the country. Many states are focusing on education, grassroots organising, and seeking constitutional protections at the state level, laying the foundation for a successful federal Green Amendment effort.
The inclusion of environmental rights protections in the Declaration of Rights or Bill of Rights section of a state constitution is crucial. This placement ensures that the right to a healthy environment is afforded the same high level of constitutional protection as other fundamental rights. Additionally, clear and plain language in the provision helps facilitate interpretation and application without the need for extensive statutory construction.
The Green Amendment movement aims to "flip the script" on the current regulatory system, empowering the constitution to hold the government accountable for its actions and decisions regarding the environment. By establishing environmental rights as basic civil liberties, Green Amendments provide a backstop to ensure government authorities are protecting environmental health and the well-being of their citizens.
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Frequently asked questions
A Green Amendment is an amendment to a state constitution's bill of rights that guarantees its citizens the inalienable right to a clean and healthy environment, including clean air and water.
As of 2024, only three states have enacted Green Amendments: Pennsylvania (established in 1971), Montana (established in 1972), and New York (established in 2021).
To secure a federal constitutional amendment, support from 3/4 of the states is required. You can sign petitions and get involved with grassroots organizing and state-level constitutional protection efforts to build a foundation for a successful federal Green Amendment.
