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The Green Amendment: Securing Our Right to A Healthy Environment
For decades, activists have relied on federal and state legislation to fight for a cleaner environment. And for decades, they’ve been fighting a losing battle. The sad truth is, our laws are designed to accommodate pollution rather than prevent it. It’s no wonder people feel powerless when it comes to preserving the quality of their water, air, public parks, and special natural spaces.
But there is a solution, argues veteran environmentalist Maya K. van Rossum: bypass the laws and turn to the ultimate authority—our state and federal constitutions.
In 2013, van Rossum and her team won a watershed legal victory that not only protected Pennsylvania communities from ruthless frackers but affirmed the constitutional right of people in the state to a clean and healthy environment. Following this victory, van Rossum inaugurated the Green Amendment movement, dedicated to empowering every American community to mobilize for constitutional change.
Now, with The Green Amendment, van Rossum lays out an inspiring new agenda for environmental advocacy, one that will finally empower people, level the playing field, and provide real hope for communities everywhere. Readers will discover:
• how legislative environmentalism has failed communities across America,
• the transformational difference environmental constitutionalism can make,
• the economic imperative of environmental constitutionalism, and
• how to take action in their communities.
We all have the right to pure water, clean air, and a healthy environment. It’s time to claim that right—for our own sake and that of future generations.
But there is a solution, argues veteran environmentalist Maya K. van Rossum: bypass the laws and turn to the ultimate authority—our state and federal constitutions.
In 2013, van Rossum and her team won a watershed legal victory that not only protected Pennsylvania communities from ruthless frackers but affirmed the constitutional right of people in the state to a clean and healthy environment. Following this victory, van Rossum inaugurated the Green Amendment movement, dedicated to empowering every American community to mobilize for constitutional change.
Now, with The Green Amendment, van Rossum lays out an inspiring new agenda for environmental advocacy, one that will finally empower people, level the playing field, and provide real hope for communities everywhere. Readers will discover:
• how legislative environmentalism has failed communities across America,
• the transformational difference environmental constitutionalism can make,
• the economic imperative of environmental constitutionalism, and
• how to take action in their communities.
We all have the right to pure water, clean air, and a healthy environment. It’s time to claim that right—for our own sake and that of future generations.
316 pages, Paperback
First published November 2, 2017
24 people are currently reading
795 people want to read
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Displaying 1 - 12 of 12 reviews
March 4, 2018
This was a very informative book about the current challenges facing our environment and how to protect it. The author draws on her extensive knowledge of the Delaware River basin and also describes in great detail the dangers of fracking--specifically how it affected the people of Pennsylvania who live on the Marcellus shaft. Deformed cattle born to farmers, polluted waters, birth defects and cancers in human beings, the enormous amount of water needed for the fracking process are some of the many dangers.
The author expresses her frustration that the various federal laws such as the Clean Air Act actually permit "acceptable" levels of pollution and that the best way to protect one's rights is through a state constitutional right to a healthy environment.
Thanks to the author for a complimentary copy of this book via a Goodreads giveaway. My review is voluntary.
The author expresses her frustration that the various federal laws such as the Clean Air Act actually permit "acceptable" levels of pollution and that the best way to protect one's rights is through a state constitutional right to a healthy environment.
Thanks to the author for a complimentary copy of this book via a Goodreads giveaway. My review is voluntary.
October 19, 2020
Great and detailed foundation for environmental issues, especially in PA. Very “well” researched with a nice balance of statistics, science, scenic descriptions of nature, and anecdotes of horrors stories of the individual human costs of pollution. I also loved the detailed citations that allowed me to read more on the issues I was especially curious about. The first half detailing the horrors of fracking was more compelling imho, but the second half detailing the ways environmentally minded folks can take action was a much needed more hopeful follow up. I thought I knew fracking was bad, but *damn,* I had a lot to learn. Having Bruce Banner write the foreword was pretty cool too.
November 28, 2019
The Green Amendment: Securing Our Right to a Healthy Environment by Maya K. van Rossum
Reviewed by Jules J. Mermelstein, Esq.
Article I Section 27 of the Pennsylvania Constitution reads:
“The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”
The Green Amendment: Securing Our Right to a Healthy Environment by Maya K. van Rossum delves deeply into the scientific evidence of environmental destruction as well as the “fracked-up legal environment” nationally regarding attempts to protect us against environmental harm. She points out that Pennsylvania’s constitutional provision (as well as one in Montana) raises environmental protection to a fundamental right and in two important cases, one in 2013 and one in 2017, the Pennsylvania Supreme Court has affirmed that our green amendment prevents the Commonwealth or its agencies (like municipalities) from allowing environmental degradation.
As lawyers, we recognize that the plain language of our amendment, in three sentences, provides three elements to our environmental rights.
First, we have the right to “clean air, pure water” and the entire environment as the Pennsylvania Supreme Court has stated. It’s location in our Declaration of Rights makes this a fundamental right of all in Pennsylvania.
Second, the Commonwealth’s natural resources are owned by everyone in the state, including those not yet born.
And third, it sets up a trust with the Commonwealth as trustee and the people as beneficiaries and our natural resources are the trust assets which must be preserved by the Commonwealth.
Because of these provisions both individuals as well as the Commonwealth or its agencies (the 2013 case specifically authorized a municipality to sue the Commonwealth) may go to court to seek protection of our natural resources.
Most of this book deals with both anecdotal as well as scientific evidence of the destruction of the environment, and our health, by the oil and gas industry in general, and fracking in particular. This review will deal mostly with the legal issues in the book.
Much of the current environmental court fights involve the natural gas industry, whether fracking or pipelines. The scientific evidence is clear that neither are environmentally safe. Ms. van Rossum points out that the arguments against environmental regulations are that they cost too much. But van Rossum brings up evidence to show that the economic benefits far exceed the economic costs of environmental regulations. To quote just a couple:
According to the EPA, 2012’s mercury standards cost an annual $10 billion in compliance and implementation. But they delivered between $37 and $90 billion in public health savings! Automobile energy compliance costs $150 billion - just a fraction of the $475 billion that consumers are projected to save on gasoline costs alone. Someone also had to build and install all the new technology required to meet the new standards. These new standards not only saved lives but supported jobs.
van Rossum provides similar cost-benefit analyses for various environmental regulations.
Pipelines can get permits from the Federal Energy Regulatory Commission (FERC). Once they do, companies are granted eminent domain powers to seize land to put their pipelines in. FERC is self-funding in that it gets its total costs from the industry it is supposed to regulate. In addition to its revolving door problems between regulators and the regulated, some of its employees are allowed to continue a relationship with the companies seeking permits, a clear actual conflict of interest even if there are no legal restrictions against it. In addition, FERC issues “tolling orders” which keeps people and organizations from challenging its decisions in court for a period of time, sometimes up to a year. This allows many of the projects to get fully underway before any challenge is begun.
However, states are permitted to say “no” to a pipeline under federal law. For instance, the Clean Water Act requires states to certify that the project complies with the state’s water-quality standards. The Pennsylvania Constitution clearly sets a fundamental right to “pure water” and must be considered part of our state’s standards.
The 2017 decision involving our green amendment (Environmental Defense Foundation v. Commonwealth of Pennsylvania, decided June 20, 2017), our state supreme court made clear the importance of the amendment. As summarized by van Rossum, the court decided:
The court confirmed its previous determination that environmental rights are “inherent and indefeasible” and that article I, section 27 places a limitation on the state’s power to deprive people of these rights, either through direct governmental action or through the acts of others. As the court made clear, Pennsylvania’s government is a trustee of the state’s natural resources, obligated to preserve them for the people of Pennsylvania, including future generations. In order to fulfill its trustee obligations, Pennsylvania’s government must not only prohibit the degradation, diminution, and depletion of natural resources, but must also act affirmatively to protect the environment. (emphasis added)
Given our green amendment, the clear scientific evidence that neither fracking nor pipelines are environmentally neutral, and our supreme court’s rulings, can our Department of Environmental Resources (DEP) ever approve a permit for fracking or pipelines consistent with their duty as trustee of our natural resources? I will leave that to environmental litigators and future court decisions to determine.
Reviewed by Jules J. Mermelstein, Esq.
Article I Section 27 of the Pennsylvania Constitution reads:
“The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”
The Green Amendment: Securing Our Right to a Healthy Environment by Maya K. van Rossum delves deeply into the scientific evidence of environmental destruction as well as the “fracked-up legal environment” nationally regarding attempts to protect us against environmental harm. She points out that Pennsylvania’s constitutional provision (as well as one in Montana) raises environmental protection to a fundamental right and in two important cases, one in 2013 and one in 2017, the Pennsylvania Supreme Court has affirmed that our green amendment prevents the Commonwealth or its agencies (like municipalities) from allowing environmental degradation.
As lawyers, we recognize that the plain language of our amendment, in three sentences, provides three elements to our environmental rights.
First, we have the right to “clean air, pure water” and the entire environment as the Pennsylvania Supreme Court has stated. It’s location in our Declaration of Rights makes this a fundamental right of all in Pennsylvania.
Second, the Commonwealth’s natural resources are owned by everyone in the state, including those not yet born.
And third, it sets up a trust with the Commonwealth as trustee and the people as beneficiaries and our natural resources are the trust assets which must be preserved by the Commonwealth.
Because of these provisions both individuals as well as the Commonwealth or its agencies (the 2013 case specifically authorized a municipality to sue the Commonwealth) may go to court to seek protection of our natural resources.
Most of this book deals with both anecdotal as well as scientific evidence of the destruction of the environment, and our health, by the oil and gas industry in general, and fracking in particular. This review will deal mostly with the legal issues in the book.
Much of the current environmental court fights involve the natural gas industry, whether fracking or pipelines. The scientific evidence is clear that neither are environmentally safe. Ms. van Rossum points out that the arguments against environmental regulations are that they cost too much. But van Rossum brings up evidence to show that the economic benefits far exceed the economic costs of environmental regulations. To quote just a couple:
According to the EPA, 2012’s mercury standards cost an annual $10 billion in compliance and implementation. But they delivered between $37 and $90 billion in public health savings! Automobile energy compliance costs $150 billion - just a fraction of the $475 billion that consumers are projected to save on gasoline costs alone. Someone also had to build and install all the new technology required to meet the new standards. These new standards not only saved lives but supported jobs.
van Rossum provides similar cost-benefit analyses for various environmental regulations.
Pipelines can get permits from the Federal Energy Regulatory Commission (FERC). Once they do, companies are granted eminent domain powers to seize land to put their pipelines in. FERC is self-funding in that it gets its total costs from the industry it is supposed to regulate. In addition to its revolving door problems between regulators and the regulated, some of its employees are allowed to continue a relationship with the companies seeking permits, a clear actual conflict of interest even if there are no legal restrictions against it. In addition, FERC issues “tolling orders” which keeps people and organizations from challenging its decisions in court for a period of time, sometimes up to a year. This allows many of the projects to get fully underway before any challenge is begun.
However, states are permitted to say “no” to a pipeline under federal law. For instance, the Clean Water Act requires states to certify that the project complies with the state’s water-quality standards. The Pennsylvania Constitution clearly sets a fundamental right to “pure water” and must be considered part of our state’s standards.
The 2017 decision involving our green amendment (Environmental Defense Foundation v. Commonwealth of Pennsylvania, decided June 20, 2017), our state supreme court made clear the importance of the amendment. As summarized by van Rossum, the court decided:
The court confirmed its previous determination that environmental rights are “inherent and indefeasible” and that article I, section 27 places a limitation on the state’s power to deprive people of these rights, either through direct governmental action or through the acts of others. As the court made clear, Pennsylvania’s government is a trustee of the state’s natural resources, obligated to preserve them for the people of Pennsylvania, including future generations. In order to fulfill its trustee obligations, Pennsylvania’s government must not only prohibit the degradation, diminution, and depletion of natural resources, but must also act affirmatively to protect the environment. (emphasis added)
Given our green amendment, the clear scientific evidence that neither fracking nor pipelines are environmentally neutral, and our supreme court’s rulings, can our Department of Environmental Resources (DEP) ever approve a permit for fracking or pipelines consistent with their duty as trustee of our natural resources? I will leave that to environmental litigators and future court decisions to determine.
November 25, 2017
This is a very important and inspiring book for anyone who is concerned about the current assault on our environment and what can be done to protect our water and air.
July 7, 2018
* I won a copy on Goodreads
Terrifying book. Extremely informative. It details many environmental issues in this area and beyond. Puts a human face on each of the problems too, which will make you cry if you're prone to that.
Terrifying book. Extremely informative. It details many environmental issues in this area and beyond. Puts a human face on each of the problems too, which will make you cry if you're prone to that.
May 9, 2020
Very informative regarding environmental issues we all face. A strong call to action for environmental conservation. As someone in law I have to say it’s a bit far fetched to hope for a constitutional amendment but so was the clean air and water acts 50 years ago I guess so why not try for it.
September 23, 2020
It was super informative about the issues of green amendments and the environmental destruction we will continue to suffer if we do not utilize every legal and judicial tool we have to protect our lands water and air.
August 20, 2018
This is a very inspiring book that taught me so much about the dangers we face with pollution and fracking. It is motivating me to become more involved and help the environment. A must read.
May 16, 2019
Important book. Everyone should read it.
March 10, 2018
wonderful book, a lot of good information.
April 9, 2018
This is properly inspiring and I highly recommend.
I felt angry, and constantly reinforced in my thinking as to why I don't like raw capitalism, for it really is short-sighted.
What differs from this text and others I've read that argue for the environment is Rossum offers real solutions; I had never realized how economical green practices can be and now I can't but see them any other way. This also gives non-overwhelming suggestions to contribute to the movement.
I won a copy in a Goodreads Giveaway and appreciate the opportunity to have read it.
I felt angry, and constantly reinforced in my thinking as to why I don't like raw capitalism, for it really is short-sighted.
What differs from this text and others I've read that argue for the environment is Rossum offers real solutions; I had never realized how economical green practices can be and now I can't but see them any other way. This also gives non-overwhelming suggestions to contribute to the movement.
I won a copy in a Goodreads Giveaway and appreciate the opportunity to have read it.
May 18, 2024
*I received a copy of this book through a Goodreads giveaway.
Displaying 1 - 12 of 12 reviews