Oregon Coalition for an Environmental Rights Amendment
The People's Right to a Healthy Environment
Everyone has the right to a healthy environment. Everyone needs clean air, clean water, and a stable climate to survive and thrive. OCERA is a nonpartisan, grassroots effort dedicated to securing this fundamental right for all, in the highest law of the land, the Oregon Constitution.
The Amendment Text
Oregon Constitution, Article I (Bill of Rights), Section 48. Right to a clean, safe, and healthy environment.
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All people, including children and future generations, have the fundamental right to a clean, safe, and healthy environment.
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The government shall protect and restore this right equitably for all people, giving the highest priority to the safety and health of children and future generations.
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Any person may obtain equitable relief against government action or inaction allowing harm or threat of harm to public safety and health interests in this right. Courts shall consider sustainable measures toward clean water, clean air, thriving ecosystems, and a more stable climate to be compelling state interests for paramount consideration and weight. Prevailing parties securing protection for public safety or health shall be entitled to costs of litigation, including attorney and expert witness fees.
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This right is enforceable upon enactment, without implementing legislation or exhaustion of other remedies. This right is remedial in purpose, adding to and strengthening existing rights and remedies to achieve a healthy environment for all.
Why Do We Need This?
You might think that our constitutional rights to life and liberty include natural life support systems -- that a right to a clean and healthy environment is an implied, enforceable right (and it should be). Unfortunately, case law has made it clear that if it's not expressly stated, there's no guarantee it will be recognized. So, to make our expectations clear, to restore a responsible, sustainable balance between competing interests, we need certain language in the Oregon Constitution to clearly expect and enforce our fundamental right to a healthy environment.
How You Can Help
Interested in supporting OCERA with our effort to get a right to a safe climate enshrined on the Oregon constitution? There are several different ways that you can help support our work. Whether you have skills and time that you would like to lend, or if you have thoughts on amendment language, or if you just want to follow along with news and developments there are several ways to contribute.
