Emerging Legal Thinking, Part Two
Green Amendments
by Lucinda Faulkner Merritt
| Maya van Rossum, who has served as the Delaware Riverkeeper and leader of the Delaware Riverkeeper network since 1994, was invited to Gainesville by the local chapter of the Sierra Club. Her book is The Green Amendment; I’ve read it and recommend it: http://www.mayavanrossum.green/the-green-amendment
Lucinda Faulkner Merritt is a writer, researcher and advocate for water and the rights of nature. She is communications coordinator for the Ichetucknee Alliance.
Here are my takeaways Maya van Rossum’s Talk About a “Green Amendment” in Gainesville, Florida, March 26, 2018.
She urges us to “embrace the truth,” that people have inherent and indefeasible (not forfeitable) rights to clean air, clean water and a healthy environment.
Maya sees a Green Amendment declaring that people have rights to clean air, clean water and a healthy environment as being “on a par” with the Bill of Rights in the U.S. Constitution. Such an amendment would therefore include future generations, would change the mindset of advocacy groups and change perceptions of advocacy groups from “tree hugger” to “patriot.”
A Green Amendment would also be “on a par” with property rights, would emphasize the health of communities and the government’s duty to restore damaged natural systems, and would strengthen environmental justice arguments.
Other benefits of a Green Amendment:
- No more sacrifice zones for natural systems!
- Science-based decision making.
- People have the right to enforce the amendment; no permission needed.
- Higher level of access to the court system.
- Creation of a “platform for good decisions” that “changes politics.”
By using the state and/or federal Constitution, a Green Amendment dovetails with “the fundamental tenet of what it means to be an American.”
A Green Amendment encodes into our laws a “civil right,” not a “right of nature.” Such an amendment would protect nature through protecting the rights of people, which is closer to how our legal system is set up than is the concept of “rights of nature.”
“For the generations…” should be in amendment language.
A clean environment and healthy economy are not mutually exclusive. If business owners want to do something, they need to create methods that do not harm the environment. Creating a clean environment creates jobs! Study after study shows this to be true.
Finally: It is not okay to create jobs that will cause others to lose their lives. This is a central moral issue in cases where natural systems are poisoned and endanger people’s health.