By ALISON MITCHELL
Executive director, New Jersey Conservation Foundation
Shouldn’t a clean and healthy environment be a guaranteed right, as essential as the right to free speech or voting?
That’s the idea behind the Green Amendment, a proposed addition to New Jersey’s state constitution that would guarantee every resident the right to pure water, clean air, a stable climate and a healthy environment.
Just like the U.S. Constitution sets the supreme law of the land at the federal level, the state’s constitution is the highest legal authority in New Jersey, like a rulebook for all other laws and policies in the state.
New Jersey was the first state in the modern era to propose a Green Amendment back in 2014, but it has yet to become law because legislative leaders have repeatedly blocked it. Pennsylvania, New York and Montana all have versions of the amendment in place, and there are proposals under consideration in another 20 states.
How might a Green Amendment change things? In Pennsylvania, a toxic site was left unaddressed for more than 30 years – despite three corporations responsible for its cleanup – until advocates invoked the amendment. A legal action challenged the state’s inaction as an unconstitutional violation of residents’ rights to clean water and a healthy environment. The court ultimately compelled Pennsylvania to take action, prompting a cleanup effort now underway.
In a landmark lawsuit in Montana, 16 young people challenged a state law barring government officials from considering climate impacts when making decisions impacting the public. The court ruled in favor of the young plaintiffs, finding that the state law violated Montana’s constitution and clarifying that officials must analyze impacts of greenhouse gas emissions going forward.
It’s the first time a Green Amendment was used to protect the people from the impacts of climate change.
Passing the amendment here would require a vote in both houses of the legislature and a statewide ballot question. Maya van Rossum is the founder of Green Amendments for the Generations, an organization leading the passage effort, and the head of the nonprofit Delaware Riverkeeper Network.
She emphasizes that, at the end of the day, “It’s not up to legislators whether or not to amend the state constitution. It’s up to the people to decide.”
One powerful way to urge the legislature to get the ball rolling again is by passing municipal resolutions at the local level that declare support for enshrining the right to a clean and healthy environment in the state constitution.
These local resolutions don’t themselves change state law, but they send a strong message to elected officials that environmental rights are a priority. Proposing a municipal resolution in your community is a step that any resident can take to help advance the Green Amendment.
Ask your local officials to pass a Green Amendment resolution. Start by reaching out to a member of your town council or municipal committee through email, a phone call or public comment at a meeting to share why the amendment matters to you and ask them to consider adopting a resolution.
“This is a grassroots movement,” notes Shaelyn Parker, environmental rights advocacy associate for Green Amendments for the Generations. The organization can guide you through the process and help amplify your voice. Visit its site for resources, hands-on training and support at https://forthegenerations.org/.
To learn more about how you can help preserve New Jersey’s natural resources, visit the New Jersey Conservation Foundation at www.njconservation.org or reach out to us at info@njconservation.org.
