Can state-level green amendments protect from rollbacks in federal regulations?

A proposed state constitutional amendment introduced in the Michigan House in April  would put the right to clean air, water, soil and a stable climate on par with other fundamental liberties like the freedoms of speech and religion. The Michigan Green Amendment, introduced by Rep. Rachel Hood (D-Grand Rapids), follows the passage of amendments in Pennsylvania, Montana and New York that have been used to fight environmental threats like PFAS contamination and hydraulic fracking in residential neighborhoods. More than a dozen other states are also considering such amendments. “The goal is to make sure that our government is making better decisions so that our fundamental rights are protected,” says Maya K. van Rossum, founder of the nonprofit Green Amendments For the Generations. The amendment could offer legal recourse for residents whose right to a healthy environment is infringed upon and protect state laws from federal environmental rollbacks. Pennsylvania’s green amendment has helped environmental advocates secure important victories in recent years. Although the state’s Environmental Rights Amendment was enacted in 1971, it didn’t have much impact until 2013, when the Pennsylvania Supreme Court cited the amendment in its decision to overturn a requirement that municipalities allow oil and gas developments in all zoning areas. In 2018, former Democratic Pennsylvania Governor Tom Wolf referred to the amendment in an executive order creating the state’s PFAS action team, which was followed by the state setting limits on two common types of PFAS in drinking water. A State Strategy for Green Amendments Pursuing green amendments at the state level could be far easier to pass than a federal constitutional amendment and win substantial protections for residents, van Rossum says. “When it comes to environmental protection, states have a tremendous amount of authority,” she says. Indeed, on issues like regulating PFAS chemicals and addressing vehicle emissions, states often lead the way in adopting stricter environmental protections. Green amendment advocates argue that the approach establishes a framework integrated into state policymaking, protecting residents from environmental threats and preventing problems before they arise, as opposed to passing laws against individual environmental threats. Washington state Rep. Debra Lekanoff… Read More
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