The Future is Green: Amending State Constitutions to Safeguard the Environment for Future Generations

By Natalie Schaffer

Modern America swings between two futures: one that chants “drill, baby, drill” and another that preaches “reduce, reuse, recycle.” For many, the future we look to depends on the person in power, and because of the constantly shifting whims of politics, that future is continuously changing. American families struggle to rely on policies that change the moment a new administration comes into power.

There is a solution: Green Amendments. These amendments are self-executing provisions amended into a state constitution’s bill of rights by the legislature or citizens of a state. These amendments act as promises to the people of the state, or even the country, which secure the natural environment and health in a way that preserves its integrity for future generations. State-level Green Amendments allow states to create environmental safeguards for their citizens above and beyond what the federal government provides.

A Green Amendment has the beauty of being whatever the people make it to be. It can require the state to preservethe environment. It could require environmental repair to undo the damage already done. It can secure a right to clean water or clean air. It can require that the state ensure that the natural environment remains stable and healthy for the use and enjoyment of future generations. And most importantly, it can give legal standing to the people to bring a constitutional suit for environmental destruction.

These Amendments can provide a more stable environmental future for citizens because the environment is no longer subjected to the will of shifting politics. They give the people power by ensuring those people are not just given a clean environment, but that they are entitled to one. This stops legislators from rescinding environmental protections when doing so would damage the environment because it would violate the people’s constitutional rights.

Green Amendments have paved the way for young people to challenge the actions of their state that will harm them. Young people can use Green Amendments to sue their states or other bad actors within their states who are polluting and destroying the environment. By including provisions in these amendments that give a right to future generations, states will need to consider not only the immediate damage that a decision would cause but also the damage that future generations might have to endure.

So far, over twenty states have either passed a Green Amendment or are working towards passing one. These Amendments have provided a means for the people of those states to safeguard their futures. In Hawai’i, the state constitution safeguards citizens’ rights to a “clean and healthful environment”. A group of youths in Hawai’i used their state’s Green Amendment to sue the Hawai’i Department of Transportation for its increased release of greenhouse gas emissions, which contributes to man-made climate change. The youths successfully settled the case with the state and the state agreed to reduce emissions to a net negative level by 2045. This was a major win for the citizens of Hawai’i and shows the power that Green Amendments can have in forcing state governments to protect their natural environments.

The citizens of Montana recently had a major win in Held. v. State of Montana. Sixteen Montana youths sued the State for their Environmental Policy Act, which prohibited the state from considering the effects on the climate when assessing new energy projects. The court in Held ruled that Montana youths had a constitutional right to a stable climate and that Montana was required to take action to reduce emissions to protect the stability of the climate.

Montana is not the only state that has had a major win. Pennsylvania passed its Green Amendment in 1971 with overwhelming support. Because of a State Supreme Court case just two years later, however, the amendment was effectively rendered dormant. Then, in 2017, the Court overturned its previous decision, holding that the test previously established by the Court was incorrect. Under this new ruling, the state is required to “formally and forcefully” prevent environmental harm and protect the environment via legislation. Since then, organizations have been able to sue the government to protect the state’s environment. It has only been a few years since this ruling, so only time will tell how impactful this amendment will ultimately be.

As concern for the environment continues to grow, the push for Green Amendments will only continue to increase. It is important for those who want to protect the environment to advocate for a Green Amendment within their states. As more states pass these vital amendments, the impact that these amendments have on the nation will likewise increase. Citizens of Green Amendment states across the nation will begin to feel the positive impacts of a healthier environment. This may place pressure on the federal government to consider a Green Amendment of their own. Climate Change is a global problem, and while Green Amendments alone will not halt the damage currently being done, these amendments can force governments to tackle climate change head-on.