NOTE – As of April 13, Moved to Rules committee with an Amendment, and still alive.
This bill is a joint resolution of the House and Senate proposing a change to the Oregon Constitution that would create a right to a clean, safe and healthy environment. It would refer the proposed constitutional amendment to the people, to be voted on at the next statewide general election.
The amendment affirms that all people, including children and future generations, have an inherent, fundamental right to a clean, safe and healthy environment. It states that this right shall not be abridged unless justified by a compelling state interest, which must be achieved using means that are least restrictive of the right.
The amendment also affirms that Oregon’s public natural resources are the common property of the people, including future generations. The State serves as a trustee of these resources and assumes fiduciary obligations to preserve the resources against impairment.
It further provides that any person may invoke this amendment to obtain declaratory or equitable relief against state action or inaction that harms the environment.
Although the amendment would not enact any specific mandates, it would provide an important backstop to safeguard the people’s health and safety against actions that would harm the environment and/or worsen climate change. The Right to a Healthy Environment has been enacted in other states, where it has been effective in furthering this aim.