Frustrated by setbacks at both the state and federal level to codify tougher environmental regulations, local advocates and lawmakers are hoping to find success with a new approach: enshrining the right to clear air, water and a healthy environment directly into the Connecticut Constitution.
On Tuesday, several dozen advocates descended on the State Capitol in Hartford to lobby lawmakers to pass their proposed environmental rights amendment, Senate Joint Resolution 36.
“With federal environmental protections being rolled back, and environmental policy based on science being erased, securing strong protections at the state level is more important than ever,” said state Rep. Sarah Keitt, D- Fairfield, who is one of the sponsors of the amendment.
The resolution, she added, “recognizes that a healthy environment and environmental justice are fundamental rights worthy of constitutional protections. This is a non-partisan issue, clean air, clean water and a safe environment benefits everyone, regardless of political affiliation.”
The wording of the proposed amendment states, in part, that all Connecticut residents have “an individual right” to clean air, water, soil and ecosystems, as well as a “safe and stable climate for the benefit of public health, safety and the general welfare.”
Furthermore, it would prohibit officials from infringing on those rights or taking avoidable steps that would harm the environment, whether through “action or inaction.”
Left unsaid is that the amendment would give broad leeway for environmental groups or everyday citizens to sue state and local governments for alleged violations of environmental rights.
When asked Tuesday whether he would support such an amendment, Gov. Ned Lamont deferred to his commissioner of the Department of Energy and Environmental Protection, Katie Dykes, who noted that the state’s existing climate laws are largely limited to setting long-term goals for lowering greenhouse gas emissions.
“We’ve highlighted for the legislature many times that Connecticut is out of step with our neighboring states in that our targets are not enforceable,” Dykes said. “So, you know, we think we’ll look to see how the legislature reacts to that proposal.”
Currently, only three states — New York, Montana and Pennsylvania — have environmental rights mentioned specifically in their respective constitutions, according to the National Caucus of Environmental Legislators.
Proponents of the measure on Tuesday pointed directly to President Donald Trump’s efforts to undo many of the nation’s longstanding anti-pollution regulations through his administration’s overhaul of the Environmental Protection Agency. Among the measures targeted by federal deregulation was the so-called “Good Neighbor Rule,” which limits emissions from Midwestern power plants and industries, which blow east and dirty the air in places like Hartford, New Haven and Bridgeport.
But some advocates have also expressed growing frustration with the slow progress of adopting stricter limits on emissions at home in Connecticut.
More than a year ago, for example, Lamont was forced to withdraw regulations that would have put Connecticut on the path to phasing out sales of new gas-powered cars by 2035, after some of his fellow Democrats balked at the speed of the proposed timeline. More recently, the governor drew flak over his openness to an expansion of natural gas pipelines as a way of easing Connecticut’s high energy costs.
“This is an effort that has been ongoing for several years,” said Charles Rothenberger, a climate and energy attorney at Save the Sound. “Advocates clearly are looking ahead at some of our climate benchmarks… wanting to make sure they have the tools to keep the state accountable.”
In order for the amendment to be added to the Constitution, the resolution must first pass the legislature with either a three-quarter super-majority of both chambers or a simple majority in two successive legislative sessions. Then it would have to go before voters and pass in a statewide referendum.
So far, SJR 36 is assigned to the legislature’s Government Administration and Elections Committee, where it has yet to receive a vote. A similar resolution last year died on the floor of the Senate.
Among those who spoke in favor of the resolution was 10-year-old Nora Romeo of Fairfield, who noted that it was her second time at the Capitol pushing for an environmental rights amendment as she pleaded with lawmakers for action.
“We have a right to be able to play outside and feel safe and energized by the nature around us,” Romeo said. “I’m asking you, once more, to vote for this very important amendment. Vote for me, vote for future generations to enjoy all that you have enjoyed on this beautiful earth.”