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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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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.
New York’s First Constitution Was a Reaction to British Rule
The constitution, which served as a model for parts of the U.S. Constitution, adopted many policies of the English legal system.
Hawaii’s Lawsuit Against Oil Companies Alleges “Harm to Public Trust Resources”
States are suing companies that cause harm to the environment, relying on mandates requiring protection of public resources.
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
The Massachusetts Constitution: the Oldest in the United States, and Often Ahead of its Time
A Massachusetts state court was the first to uphold the right to same-sex marriage on constitutional grounds.
State Court Oral Arguments to Watch for in April
Issues on the dockets include parental rights under now-defunct same-sex marriage bans, New York City’s emissions caps for big buildings, and more.
Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
The Active Environmental Agendas of State Attorneys General
The U.S. Supreme Court this week paved the way for Democratic attorneys general to proceed with suits against fossil fuel companies under state law.