A resolution currently being debated in the New Jersey Legislature would allow voters to determine whether environmental rights should be enshrined in the State Constitution. Senate Resolution 43/Assembly Resolution 119 specifically asks voters to decide whether the New Jersey Constitution should be amended to make the State the trustee of public natural resources and guarantee citizens the right to a clean and healthy environment.
Senate Resolution 43/Assembly Resolution 119
The so-called New Jersey Green Amendment was first proposed in 2017 but has previously failed to gain enough traction to come before voters. Earlier this year, Senator Linda Greenstein and Senator Andrew Zwicker re-advanced the amendment with the introduction of Senate Resolution 43.
As in the past, supporters of the amendment maintain that environmental rights need constitutional protection to ensure that government officials act to prevent environmental harm. “Our environment is our greatest asset,’’ said co-sponsor Sen. Linda Greenstein. “We all need clean air, clean water, and a clean environment to thrive.’’
Meanwhile, business groups argue that despite its laudable goals, the proposed amendment would spur environmental litigation and hamper the state’s economic growth. “It is going to impact every major development that we want, or do not want,’’ said Ray Cantor, deputy government affairs director for the New Jersey Business & Industry Association.
Senate Resolution 43/Assembly Resolution 119 proposes to place the question depicted below on the ballot in November:
“Do you approve of amending the Constitution to grant every person the right to a clean and healthy environment? The amendment would also require the State to protect its natural resources.” If the question is approved, the New Jersey Constitution would be amended to provide that:
“Every person has a right to a clean and healthy environment, including pure water, clean air, and ecologically healthy habitats, and to the preservation of the natural, scenic, historic, and esthetic qualities of the environment. The State shall not infringe upon these rights, by action or inaction. The State’s public natural resources, among them its waters, air, flora, fauna, climate, and public lands, are the common property of all the people, including both present and future generations. The State shall serve as trustee of these resources, and shall conserve and maintain them for the benefit of all people.” The wide breadth of this language may pose problematic to enforce and will likely result in significant litigation among New Jersey stakeholders.
Under Senate Resolution 43/Assembly Resolution 119, as amended, voters would be asked the following question: “Do you approve amending the Constitution to grant every person the right to a clean and healthy environment? The amendment would also require the State to protect its natural resources.”
What’s Next?
Under Article IX, paragraph 1 of the New Jersey Constitution, the Amendment must receive an affirmative vote from three-fifths of all members of each of the respective houses of the New Jersey legislature, or a majority of same during two consecutive legislative years, before it can be submitted to voters as a ballot question at the general election. If approved, the constitutional amendment would become part of the Constitution on March 1 of the year following the general election at which it is approved by the voters.
Whether New Jersey lawmakers and voters will approve the Green Amendment remains to be seen. Pennsylvania, New York, and Montana have amended their state constitutions to include similar environmental rights. Should it become law, the amendment is likely to spur significant legal challenges and could also make development in New Jersey more burdensome and expensive. The attorneys of Scarinci Hollenbeck’s Environmental Law Group will continue to monitor the status of the resolution and provide legal updates.
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Resolution Seeks to Enshrine Environmental Rights in NJ Constitution
Author: Daniel T. McKillop
A resolution currently being debated in the New Jersey Legislature would allow voters to determine whether environmental rights should be enshrined in the State Constitution. Senate Resolution 43/Assembly Resolution 119 specifically asks voters to decide whether the New Jersey Constitution should be amended to make the State the trustee of public natural resources and guarantee citizens the right to a clean and healthy environment.
Senate Resolution 43/Assembly Resolution 119
The so-called New Jersey Green Amendment was first proposed in 2017 but has previously failed to gain enough traction to come before voters. Earlier this year, Senator Linda Greenstein and Senator Andrew Zwicker re-advanced the amendment with the introduction of Senate Resolution 43.
As in the past, supporters of the amendment maintain that environmental rights need constitutional protection to ensure that government officials act to prevent environmental harm. “Our environment is our greatest asset,’’ said co-sponsor Sen. Linda Greenstein. “We all need clean air, clean water, and a clean environment to thrive.’’
Meanwhile, business groups argue that despite its laudable goals, the proposed amendment would spur environmental litigation and hamper the state’s economic growth. “It is going to impact every major development that we want, or do not want,’’ said Ray Cantor, deputy government affairs director for the New Jersey Business & Industry Association.
Senate Resolution 43/Assembly Resolution 119 proposes to place the question depicted below on the ballot in November:
“Do you approve of amending the Constitution to grant every person the right to a clean and healthy environment? The amendment would also require the State to protect its natural resources.” If the question is approved, the New Jersey Constitution would be amended to provide that:
“Every person has a right to a clean and healthy environment, including pure water, clean air, and ecologically healthy habitats, and to the preservation of the natural, scenic, historic, and esthetic qualities of the environment. The State shall not infringe upon these rights, by action or inaction. The State’s public natural resources, among them its waters, air, flora, fauna, climate, and public lands, are the common property of all the people, including both present and future generations. The State shall serve as trustee of these resources, and shall conserve and maintain them for the benefit of all people.” The wide breadth of this language may pose problematic to enforce and will likely result in significant litigation among New Jersey stakeholders.
Under Senate Resolution 43/Assembly Resolution 119, as amended, voters would be asked the following question: “Do you approve amending the Constitution to grant every person the right to a clean and healthy environment? The amendment would also require the State to protect its natural resources.”
What’s Next?
Under Article IX, paragraph 1 of the New Jersey Constitution, the Amendment must receive an affirmative vote from three-fifths of all members of each of the respective houses of the New Jersey legislature, or a majority of same during two consecutive legislative years, before it can be submitted to voters as a ballot question at the general election. If approved, the constitutional amendment would become part of the Constitution on March 1 of the year following the general election at which it is approved by the voters.
Whether New Jersey lawmakers and voters will approve the Green Amendment remains to be seen. Pennsylvania, New York, and Montana have amended their state constitutions to include similar environmental rights. Should it become law, the amendment is likely to spur significant legal challenges and could also make development in New Jersey more burdensome and expensive. The attorneys of Scarinci Hollenbeck’s Environmental Law Group will continue to monitor the status of the resolution and provide legal updates.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
