A “green amendment” to the Delaware Constitution is on its way to the House floor.
HB 220 represents the first leg of a process that, according to the sponsor, would enshrine clean water and air as a right.
“Many of the bills we are considering right now will take direct action, but adding this to the Delaware Constitution will guide current and future generations to continue fighting for our environment,” stated Rep. Madinah Wilson-Anton, D-Bear, sponsor of the bill.
Wilson-Anton noted the effects of climate change and Delaware’s status as lowest-lying state in the nation.
It’s part of a package of environmental bills that would embed climate goals into the Delaware code and come with a social justice focus.
Interestingly, Pennsylvania and Montana, two states not known for passing progressive legislation, have adopted versions of a green amendment. It has also been adopted in New York and is being considered in another nine states.
At first glance, the amendment would seem to be something most of us would support.
It gets tricky for businesses as to whether it goes over the same ground as current and pending legislation, with the potential for additional litigation.
Among the “whereases” in the amendment are the following.
…when a violation of a person’s right to a clean and healthy environment is identified, the state in its13 role as trustee should seek to remedy this violation to the benefit of all and not for the purpose of benefiting a single person or group financially
…the State shall protect these rights equitably for all people regardless of race, ethnicity, tribal membership staatus, socioeconomic status, gender, and geography
One would expect a spirited debate over the amendment as it winds through Legislative Hall. Sadly, these bills are not introduced early in the session and lead to a flurry of activity at the end of this month. HB 220 was introduced on June 1.
Constitutional amendments don’t race through Dover and require a 2/3rds majority in each chamber and must pass in consecutive General Assemblies. – Doug Rainey, chief content officer.
