Should clean air and water be a fundamental human right? California voters to decide | Opinion

In the Golden State, we pride ourselves on our future-facing environmental values and our climate leadership. At the same time, nearly 1 million residents, primarily in disadvantaged communities, are without access to clean drinking water, and California cities such as Los Angeles, Long Beach and Fresno are burdened year after year by some of the dirtiest, most polluted air in the nation.

This glaring duality underscores the failure of our current legal framework to ensure the fundamental rights of all Californians to clean air, water and a healthy environment. It’s time for a change. It’s time for California to enshrine this right into our state constitution.

The inalienable rights of life, liberty, safety and happiness guaranteed in the state constitution are under threat by a climate crisis that negatively impacts the health and well-being of all Californians. From raging wildfires to toxic air pollution and coastal erosion, the consequences of environmental degradation are felt in communities across the state.

Low-income communities and communities of color are disproportionately burdened by pollution and environmental hazards, exacerbating existing inequalities. A state constitutional amendment affirming the right to clean air and water and a healthy environment would be a bold step, safeguarding the health and rights of all our residents.

Los Angeles Assemblymember Isaac Bryan is proposing a “green amendment” to the state constitution. If passed by the Legislature and signed by the governor, voters would decide in November if Californians “shall have a right to clean air and water and a healthy environment.”

Assembly Constitutional Amendment 16 would provide a legal basis for holding the government and polluters accountable — and empower communities to advocate for their own environmental well-being.

Opposition to the proposed amendment has begun to line up. The California Chamber of Commerce has placed it on its “Job Killer” list, arguing that existing environmental regulations are sufficient to protect Californians.

The reality is that these regulations are often inadequate, under-enforced and subject to political maneuvering. By enshrining environmental rights in our state constitution, we create a firm foundation upon which future environmental policies and regulations can be built. As history has taught us, we don’t have to choose between the environment and the economy.

A healthy environment can lead to a healthy bottom line. By prioritizing environmental protection, we can foster sustainable economic growth that benefits all Californians. Conversely, the climate crisis continues to harm both our public health and our economic health.

California would not be the first state to enact a green amendment to its constitution. Montana, New York and Pennsylvania have already done so. We’re not used to following other states when it comes to matters of the climate and environment, but in this case we should.

The legislature should pass ACA 16 and give voters a chance to decide if a healthy environment is a constitutionally guaranteed right. After all, if fishing on public lands and waters is recognized in our constitution as a protected right, shouldn’t a healthy environment be as well?

By enacting a green amendment into our constitution, it sends a powerful inter-generational message that environmental protection is a fundamental human right.

It will also help ensure that future generations of Californians inherit a state that is cleaner, healthier and more prosperous than the one we know today. Let’s seize this opportunity to protect our planet, our health and our future.

This story was originally published June 12, 2024 at 5:00 AM with the headline "Should clean air and water be a fundamental human right? California voters to decide | Opinion."