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Environment
Beginning in the 1970s, several states added environmental rights amendments, also known as “Green Amendments,” to their constitutions. The wording of the amendments can be as broad as the right to a “clean and healthful environment,” or it can enumerate specific rights such as clean air, clean water, or aesthetic environmental values.
Some constitutions allow citizens to enforce environmental quality rights against the government and private parties. This is an active field of state constitutional litigation, especially as citizens sue state governments to force action against climate change.
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Hawaii High Court Sides with Native Community Groups in Water Dispute
The decision bolsters Hawaii’s public trust framework, a legal doctrine establishing that natural resources must be protected for public use.
State Court Oral Arguments to Watch for in September
Issues on the dockets include climate change, redistricting, and lawsuits by victims of child sexual abuse.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
Montana’s Climate Change Lawsuit May See Sequels Across America
Courts in Montana, Hawaii, and New Mexico have been receptive to claims by youth plaintiffs that failures to protect the environment violate state constitutions.
State Court Oral Arguments to Watch for in June
Issues on the dockets include early voting, rules for poll watchers, discretionary sentencing, and a climate change trial brought by young plaintiffs.
Fifty Unique, Ever-Changing State Constitutions
A new resource from the State Democracy Research Initiative makes the current text of all 50 state constitutions available and searchable on one site.
Interview: The Movement Toward ‘Green Amendments’ in State Constitutions
The founder of Green Amendments For The Generations, Maya van Rossum, discusses the impact of enshrining environmental rights in state constitutions.
Montana Court’s Groundbreaking Climate Change Ruling
The decision could help influence how other U.S. courts approach similar environmental rights claims.