A Growing National Movement

Recognized in Several States

Several states already recognize environmental rights in their constitutions. Montana, Pennsylvania, and New York have adopted environmental right amendments in their Bills of Rights, while other states, including Hawaii, recognize environmental protections elsewhere in their constitutions.

Environmental Rights

Montana

These provisions have helped support meaningful environmental protections. For example, in Held v. Montana, the court held that the Montana Constitution recognizes the right to a stable climate, and that an act prohibiting consideration of greenhouse gas emissions in environmental impact assessments violated that right.

Enviromental Rights

Hawaii

In Hawaii, a recent settlement agreement acknowledged the constitutional rights of Hawaii’s youth to a life sustaining climate. It was the first settlement of its kind in which the state decided to work with the youth to address constitutional issues arising from climate change and commit to implement plans to decarbonize the state transportation system and reduce greenhouse gas pollution.

Environmental Rights

Pennsylvania

In 1971 an Amendment was added to the Pennsylvania Bill of Rights Section of the Constitution to add the right to clean air, pure water, and to the preservation of natural, scenic, historic and esthetic values of the environment. Pennsylvania’s Environmental Right Amendment has been used to protect natural resources and ensure responsible stewardship of the environment.

Enviromental Rights

New York

New York added an environmental right Amendment to the Bill of Rights in the New York Constitution in November 2021. The Amendment guarantees every person the right to clean air, clean water, and a healthful environment.

According to the Supreme Court of New York County: “The Green Amendment is a great dream realized. It exists to challenge laws, activities, or proposed actions that pose significant threats to the environment. It serves as a backstop in the event federal laws and agencies fail to offer protections. And, it is apparent that it provides an independent cause of action that may be applicable to the government’s failures to protect New Yorkers from contaminated drinking water, polluted air, pollutants, extreme weather and climate change events.” Friends of Fort Greene Park v. New York City Parks & Recreation Dep’t, 239 N.Y.S.3d 457 (N.Y. Sup. Ct. 2025).

International

The United Nations General Assembly, in a resolution adopted in July 2022, proclaimed a universal right to a clean and healthy environment, though the resolution is not binding law. NYU Law School has a chart showing that most countries have adopted the environmental right.

Why California?

Ensuring a Clean and Healthy Future

California has long been a leader in environmental protection. Yet the state constitution does not currently guarantee the right to a clean and healthy environment. It is important to have that right constitutionally recognized on par with other inalienable, fundamental rights.

Adding an Environmental Rights Amendment to the California Constitution’s Bill of Rights would:

Recognize environmental protection as a fundamental right

Strengthen the ability to address environmental harm

Ensure that future policies respect the environmental rights of all Californians

Be able to hold the government more accountable for infringements upon this right

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Together, we can ensure that every Californian has the constitutional right to a clean and healthy environment.