Author: Daniel T. McKillop, Scarinci Hollenbeck law firm

A resolution currently being debated in the New Jersey Legislature would allow voters to determine whether environmental rights should be enshrined in the State Constitution. Senate Resolution 43/Assembly Resolution 119 specifically asks voters to decide whether the New Jersey Constitution should be amended to make the State the trustee of public natural resources and guarantee citizens the right to a clean and healthy environment.

Senate Resolution 43/Assembly Resolution 119

The so-called New Jersey Green Amendment was first proposed in 2017 but has previously failed to gain enough traction to come before voters. Earlier this year, Senator Linda Greenstein and Senator Andrew Zwicker re-advanced the amendment with the introduction of Senate Resolution 43.

As in the past, supporters of the amendment maintain that environmental rights need constitutional protection to ensure that government officials act to prevent environmental harm. “Our environment is our greatest asset,’’ said co-sponsor Sen. Linda Greenstein. “We all need clean air, clean water, and a clean environment to thrive.’’

Meanwhile, business groups argue that despite its laudable goals, the proposed amendment would spur environmental litigation and hamper the state’s economic growth. “It is going to impact every major development that we want, or do not want,’’ said Ray Cantor, deputy government affairs director for the New Jersey Business & Industry Association.

Senate Resolution 43/Assembly Resolution 119 proposes to place the question depicted below on the ballot in November:

“Do you approve of amending the Constitution to grant every person the right to a clean and healthy environment? The amendment would also require the State to protect its natural resources.” If the question is approved, the New Jersey Constitution would be amended to provide that:

“Every person has a right to a clean and healthy environment, including pure water, clean air, and ecologically healthy habitats, and to the preservation of the natural, scenic, historic, and esthetic qualities of the environment. The State shall not infringe upon these rights, by action or inaction. The State’s public natural resources, among them its waters, air, flora, fauna, climate, and public lands, are the common property of all the people, including both present and future generations. The State shall serve as trustee of these resources, and shall conserve and maintain them for the benefit of all people.” The wide breadth of this language may pose problematic to enforce and will likely result in significant litigation among New Jersey stakeholders.  

Under Senate Resolution 43/Assembly Resolution 119, as amended, voters would be asked the following question: “Do you approve amending the Constitution to grant every person the right to a clean and healthy environment? The amendment would also require the State to protect its natural resources.”

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Editor’s Note: In 1971, Pennsylvania lawmakers amended the state’s constitution to protect :

  Natural resources and the public estate.
        The people have a right to clean air, pure water, and to the
     preservation of the natural, scenic, historic and esthetic
     values of the environment. Pennsylvania's public natural
     resources are the common property of all the people, including
     generations yet to come. As trustee of these resources, the
     Commonwealth shall conserve and maintain them for the benefit of
     all the people.
     (May 18, 1971, P.L.769, J.R.3)

        1971 Amendment.  Joint Resolution No.3 added section 27.

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