Senator George Dungan of Lincoln introduced, on Jan. 21, Legislative Resolution 22CA (LR 22CA), a proposed amendment to the Nebraska state constitution that will recognize environmental rights.
The “Green Amendment” aims to ensure Nebraskans have a legal right to a clean and healthy natural environment. If approved, Nebraskans would have the right to proactively protect the environment and save their communities. The Amendment would ensure all the people of the state, and future generations are protected from harmful outcomes.
The proposed language reads:
“All people have a right to a clean and healthy environment, including pure water, clean air, healthy soils, balanced ecosystems, a safe climate, and diverse and abundant native flora and fauna and to the preservation of the natural, cultural, scenic, recreational, and healthful qualities of the environment.”
The proposal has drawn support from environmentalists, community activists and student advocates from across the state.
The amendment was referred to the Legislature’s Natural Resources Committee on Jan. 23. A formal hearing was scheduled for Feb. 26.
On Feb. 26, proponents and opponents of the “Green Amendment” assembled at the Capitol in Lincoln. Representatives from Students for Sustainability, and Central’s Green Team were in attendance hoping to gain the support of state lawmakers.
Senators and Legislators asked what a green amendment would allow, and what purpose it would serve in the state constitution.
Senior Evalina Sain is president of Green Team, a student body organization focused on sustainability and climate change advocacy. She spoke, remarking that the language of the amendment would grant communities legal pathways to sue state regulators if they felt endangered by the climate conditions.
“Nebraska has a higher-than-average rate of pediatric cancer. It’s important for struggling communities to be able to lie on legal framework,” Sain said.
Greenhouse gas emissions from the burning of fossil fuels, especially in the agricultural and electric power sectors, are huge contributors to pollution in Nebraska.
“One in every five water sources are contaminated with nitrates,” as runoff from rain and irrigation can carry chemicals into streams in both rural and urban areas, causing elevated levels of nitrites in your body. Consequently, exposure to nitrates is linked to increased cancer risk and other health problems.
Sain suggested the state of Nebraska loses the young adult population due to the lack of progress. She believes investments in clean energy and the environment will provide more jobs for Nebraskans.
Opponents of the bill believe the amendment will be an extreme and expensive bill. Omaha attorney David Begley believes an amendment, such as the one proposed, could see an average of three to 10 lawsuits a year.
Begley said, “Liberal lawyers,” will plan to file lawsuits against the state of Nebraska, alleging the state has failed to protect citizens from contaminated groundwater.
However, a green amendment is an important environmental justice ‘tool’. Once enacted, it will enforce an obligation of the state to ensure that decisions impacting natural resources do not in turn infringe on individual’s right to clean air, water, and a healthy environment.
Dungan introduced the amendment after being inspired by youth activists.
“I’ve spoken with youth from all around the state about the issues that are important to them, and they consistently put the need for clean air and water at the top of their list,” Dungan said. “We owe it to future generations to act now.”
If enacted, Nebraska would join Montana, New York and Pennsylvania in establishing constitutional “green” amendments, which are actively utilized in state decisions to encourage stronger environmental protections.
