Oregon Coalition for an Environmental Rights Amendment
How does the Amendment Language Work?
It is a legal tool necessary to stop government-permitted environmental harm to health and safety, while promoting sustainability.
Amendment Text
1. All people, including children and future generations, have the fundamental right to a clean, safe, and healthy environment.
2. 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.
3. 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.
4. 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.
Explanation
The right is fundamental and forward-thinking.
Like other fundamental rights like religion and speech, this amendment places a paramount importance on a healthy environment and makes it abundantly clear that the People of Oregon prioritize public safety and health over short-term private profit, demanding responsible governance.
It creates “constitutional direction” for the government to focus on the safety and health of children and future generations based on the best available science to protect long-term needs and interests. It also does away with sacrifice zones, “NIMBYism,” and the political convenience of kicking the can down the road.
The right has the teeth to be taken seriously.
To address what has been lacking in the current legal framework, this amendment gives clear standing to enforce a clear right. Plaintiffs – whether natural, nonprofit, or for-profit “persons” – must focus on “public safety and health interests” to bring a claim, which helps to prevent abuse or misuse of the amendment.
The amendment also clarifies the type of government policies and actions that will be respected by the courts – SUSTAINABLE measures toward CLEAN water, CLEAN air, THRIVING ecosystems, and a MORE STABLE climate.
With the fee shifting provision, the amendment empowers all Oregonians with access to environmental justice, including those without the upfront funds to bring a good case to court. This, too, is a game changer. With clear enforceability for what we already expect from the government, there will likely be internal reviews and corrective measures to become constitutionally compliant and avoid lawsuits.
The right is ready on Day 1 to restore balance.
This amendment adds to, strengthens, and protects Oregon’s current rights and expectations to a healthy environment, and while it doesn’t require the Legislature to do anything for the right to be effective, it prompts and protects good legislation working toward the amendment’s aims – restoring balance between us and nature, ensuring we hand over the same to future generations as best we can. This will be a clear duty.