Resolution Seeks to Enshrine Environmental Rights in NJ Constitution

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.”

What’s Next?

Under Article IX, paragraph 1 of the New Jersey Constitution, the Amendment must receive an affirmative vote from three-fifths of all members of each of the respective houses of the New Jersey legislature, or a majority of same during two consecutive legislative years, before it can be submitted to voters as a ballot question at the general election. If approved, the constitutional amendment would become part of the Constitution on March 1 of the year following the general election at which it is approved by the voters.

Whether New Jersey lawmakers and voters will approve the Green Amendment remains to be seen. Pennsylvania, New York, and Montana have amended their state constitutions to include similar environmental rights. Should it become law, the amendment is likely to spur significant legal challenges and could also make development in New Jersey more burdensome and expensive. The attorneys of Scarinci Hollenbeck’s Environmental Law Group will continue to monitor the status of the resolution and provide legal updates.