Constitution And Pollution: What's The Connection?

The US Constitution does not explicitly mention cleaning up pollution, but it has been invoked in court cases concerning environmental issues. The Constitution has been interpreted to shelter federal facilities from state permit requirements related to pollution control, and Congress can pressure states to regulate without directly mandating it. While the US Constitution does not explicitly guarantee a right to a clean environment, six states have provisions with explicit environmental rights, and several others have language about protecting the environment. The US has expressed support for the development of a right to a clean, healthy, and sustainable environment, and has implemented laws and policies to protect the environment, such as the Clean Water Act and the Clean Air Act.

The US Constitution does not explicitly mention a right to a clean environment

However, this does not mean that the US government and individual states have not taken steps to address environmental issues and pollution. The US has a history of promoting environmental protection and has implemented various laws and policies to protect the environment and address the climate crisis. For example, the US has passed the Clean Water Act, established White House-level environmental justice councils, and issued Executive Orders addressing environmental justice.

Additionally, while the US Constitution does not explicitly mention environmental rights, some states have taken it upon themselves to include provisions for environmental rights in their own constitutions. States like Pennsylvania, Hawaii, Illinois, Massachusetts, Montana, and Rhode Island have constitutions with explicit environmental rights protections. These provisions were mostly enacted in the early 1970s, a period of significant environmental lawmaking.

One notable example of a state-level environmental rights case is Robinson Township v. Commonwealth in 2013. In this case, the Pennsylvania Supreme Court used the state's Environmental Rights Amendment to invalidate a state statute that prevented municipalities from barring hydraulic fracturing. This case demonstrated the power of state constitutions to address environmental issues and protect the rights of citizens to a clean and healthy environment.

While the US Constitution may not explicitly mention a right to a clean environment, the US government and individual states have taken steps to address environmental concerns through legislation and policy. Additionally, state constitutions have played a crucial role in protecting and expanding environmental rights, even in the absence of federal-level protections.

The US Constitution does not mention pollution

The US Constitution does not explicitly mention pollution or the right to a clean environment. While the US has long recognized the relationship between human rights and a clean, healthy, and sustainable environment, there is no specific mention of environmental rights in the US Constitution.

The Constitution's lack of explicit reference to environmental rights has led to legal debates and court cases. In the famous Juliana v. United States case, plaintiffs sought an order for the federal government to reduce greenhouse gas emissions. While a district court in Oregon initially favored the plaintiffs, a divided Ninth Circuit concluded in 2020 that they lacked standing.

Despite the absence of explicit environmental rights in the US Constitution, some states have taken the initiative to include environmental provisions in their constitutions. For example, six states (Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island) have constitutions with explicit environmental rights. Several other states' constitutions also include language about protecting the environment, although without creating clear rights.

The state of Pennsylvania, in particular, has been a leader in this regard. Since the 1970s, Pennsylvania's Environmental Rights Amendment has been used to challenge projects that could harm the environment, such as hydraulic fracturing and development near the Gettysburg National Battlefield.

While the US Constitution does not directly address pollution or environmental rights, the country has taken steps to address these issues through domestic laws and policies. Examples include the Clean Water Act, the Justice40 Initiative, the establishment of environmental justice councils, and executive orders addressing environmental justice. Additionally, the US has collaborated with other nations to address climate change and pollution, emphasizing the importance of protecting the environment and human rights.

The Clean Air Act and Federal Water Pollution Control Act

The US Constitution does not explicitly mention cleaning up pollution. However, the US has long recognized the relationship between human rights and a clean, healthy, and sustainable environment, and has actively worked towards addressing the climate crisis and protecting human rights defenders.

The Clean Air Act (CAA) and the Federal Water Pollution Control Act (later renamed the Clean Water Act or CWA) are two key pieces of legislation in the United States that address pollution control and environmental protection.

The Clean Air Act is a comprehensive federal law that regulates air emissions from stationary and mobile sources. It authorizes the Environmental Protection Agency (EPA) to establish National Ambient Air Quality Standards (NAAQS) to protect public health and welfare and to regulate emissions of hazardous air pollutants. The Act sets goals for achieving NAAQS and directs states to develop state implementation plans to meet these standards. Section 112 of the CAA specifically addresses emissions of hazardous air pollutants, with "major sources" and "area sources" defined based on the amount of hazardous air pollutants emitted. The Office of Air and Radiation (OAR) plays a crucial role in developing national programs, policies, and regulations for controlling air pollution.

The Federal Water Pollution Control Act, enacted in 1948, created a comprehensive set of water quality programs and provided financing for state and local governments. It was significantly reorganized and expanded in 1972, taking on the name "Clean Water Act." The CWA establishes the basic structure for regulating discharges of pollutants into US waters and sets quality standards for surface waters. It made it unlawful to discharge pollutants from a point source into navigable waters without a permit, with the EPA's National Pollutant Discharge Elimination System (NPDES) controlling discharges. The CWA also includes a whistleblower protection provision, allowing employees who believe they suffered adverse actions related to the enforcement of the CWA to file complaints.

Both the Clean Air Act and the Clean Water Act have undergone amendments and continue to be important components of environmental protection and pollution control in the United States.

The Environmental Rights Amendment

The state of Pennsylvania was the first to adopt an Environmental Rights Amendment in 1971, followed by Montana in 1972. In 2022, New York became the third state to pass a Green Amendment, with Article I, Section 19 of the New York Constitution stating, "Each person shall have a right to clean air and water, and a healthful environment." The Green Amendment movement is gaining momentum, with at least nine states introducing similar legislation in 2023 and several others drafting or considering such proposals.

The inclusion of environmental rights in state constitutions is significant as it provides citizens with legal standing to hold government authorities accountable for protecting environmental health. For example, in Robinson Township v. Commonwealth, the Pennsylvania Supreme Court used the state's Environmental Rights Amendment to invalidate a statute that prevented municipalities from barring hydraulic fracturing. Additionally, in Held v. Montana, youth plaintiffs won a trial court judgment for the enforcement of the state's existing environmental rights amendment, demonstrating the power of these amendments in addressing climate-related injuries.

The specific wording of Environmental Rights Amendments is crucial to ensure enforceability and clarity for citizens and regulators when evaluating potential projects. While some concerns have been raised about a potential increase in legal cases, these amendments are intended to advance environmental justice and protect the fundamental freedoms of environmental defenders. The United States has expressed support for the development of the right to a clean, healthy, and sustainable environment, emphasizing the relationship between human rights and environmental protection.

As the movement for Environmental Rights Amendments gains traction, it is important for states to collaborate and exchange views to establish a common understanding of these rights and their scope. While the US Constitution does not currently include an explicit right to a clean environment, the efforts of individual states and their legal victories are shaping the landscape of environmental rights and protection in the country.

US states with explicit environmental rights in their constitutions

The US Constitution does not explicitly mention the right to a clean environment, and efforts to persuade judges to find an implied right have been unsuccessful. However, several US states have provisions in their constitutions that mention the environment and loosely define the role of state governments in protecting natural resources and residents' health.

Six states have explicit environmental rights provisions in their constitutions: Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. Most of these provisions were enacted in the early 1970s during a period of significant environmental lawmaking. In 2021, New York became the seventh state to adopt a version of a Green Amendment, which guarantees its citizens the inalienable right to clean air, clean water, and a healthy environment.

Montana's constitution guarantees its citizens the right to a "clean and healthful environment". In 2021, 16 young Montanans challenged the state's statutory ban on considering climate change in environmental impact assessments, citing this constitutional provision. The Montana First Judicial District Court allowed the case to proceed, finding that the state's actions implicated the plaintiffs' rights to a clean and healthy environment.

Several other states are working towards adopting Green Amendments, including Arizona, California, Connecticut, Delaware, Florida, Iowa, Maine, New Jersey, New Mexico, Texas, Vermont, Washington, and West Virginia. These amendments aim to elevate environmental rights to the same level as other fundamental rights, such as free speech and freedom of religion.

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