Dear New York State Legislature:

We write to express our strongest support for a “Green Amendment” to the New York State Constitution to protect the environmental rights of the people of New York. This legislation would amend Article 1, the Bill of Rights, of the New York State Constitution to insert a new Section 19, recognizing the inalienable and self-executing right of all New Yorkers to clean water, clean air, and a healthful environment.

In 2019, A.2064/S2072 received its first passage. We now call on the legislature to secure a second passage of this bill to allow this common-sense amendment language to be placed as a referendum on the ballot in 2021.

Most New Yorkers are shocked to learn New York’s Constitution does not guarantee them a right to drink clean water and breathe clean air. The right to clean water, air and a healthful environment should be as fundamental as a person’s right to free speech and assembly. In fact, the right to divorce, engage in lotteries and gamble are recognized as inalienable rights that are afforded higher protections under New York law because of their inclusion in the Bill of Rights. New Yorkers deserve better.

It is our firm belief that amending the Bill of Rights to recognize our right to clean water, clean air, and a healthy environment will drive better decision-making at all levels of government. In fact, a Green Amendment is a powerful and important tool for combating environmental racism and rebalancing the inequities communities of color and low-income communities have faced for decades being disproportionately exposed to and negatively impacted by hazardous pollution and industrial practices. A Green Amendment will prevent and help course correct situations or conditions in which water becomes too polluted, air too dirty, land too contaminated, and natural landscapes too decimated to support healthy lives, including a healthy economy.

Furthermore, enshrining environmental rights sends the message that New York is a true national leader on the environment. Forty-three states or commonwealths have some form of expression of environmental values in their Constitutions; but only the State of Montana and the Commonwealth of Pennsylvania have recognized protecting environmental rights as inalienable, putting environmental rights on par with other political and civil liberties. While New York’s Constitution does include Article XIV, the Conservation Article, calling for protection of the State’s natural resources, this article is limited in scope and only recognizes environmental protections as important public policy, not as a fundamental rights.

After a successful first passage, we need your support to ensure this common-sense amendment language is placed as a referendum on the ballot in 2021. We appreciate your support of a Green Amendment to the New York State Constitution; our health and environment depends on taking this forward action.

Sincerely,

[All who sign on will be listed by name, title and organization]