The following is the language we’re proposing to add to the California Bill of Rights, Article I of the State Constitution:
All people, including both present and future generations, have the natural, inherent, fundamental, and inalienable right to a clean, safe, and healthy environment, including pure water, clean air, healthy soils, balanced ecosystems, a safe climate, diverse and abundant native flora and fauna, and to the preservation of the natural, cultural, and healthful qualities of the environment. The state shall not infringe upon these rights through action, inaction, or the action of others. The state shall protect these rights equitably for all people regardless of race, ethnicity, socioeconomics, geography, or generation.
The state, including each branch, agency, and/or political subdivision, shall serve as trustee of the natural resources of California, including its atmosphere and climate, water resources, navigable waters, submerged and submersible lands, shorelands and coastal areas, wildlife, and fish. The state, shall conserve, protect, and maintain these public-trust assets for the benefit of all the people, including present and future generations.
This provision and the rights stated herein are self-executing. These rights are remedial in purpose, adding to and strengthening existing rights and remedies to achieve a healthy environment for all.
Provides the right. It is enforceable against the State, but not against private actors.
Augments the public-trust doctrine, an existing body of California law, so that it includes air and climate. The doctrine requires the State to protect certain types of natural resources for the benefit of current and future generations.
Means that the right does not require the Legislature to enact laws to enable the right, so the right itself can serve as direct legal authority in litigation.
