Amendment to enshrine environmental rights offered

Nebraskans would have the right to a “clean and healthy environment,” including pure water, clean air and a safe climate, under a proposed constitutional amendment considered Feb. 26 by the Natural Resources Committee.

The amendment also would require the state and each of its political subdivisions to serve as trustee of Nebraska’s natural resources and conserve, protect and maintain those resources for the benefit of all.

Lincoln Sen. George Dungan, sponsor of LR22CA, said the proposal is modeled after similar “Green Amendments” adopted by Montana, New York and Pennsylvania. The measure is intended, in part, to ensure that state and local governments protect the environment when creating policy and implementing existing laws and regulations, he said.

Dungan said the amendment also would protect individuals from government action that infringes on their environmental rights.

“The Nebraska Green Amendment will allow the people of Nebraska to proactively protect our environment, communities and state economy,” he said.

If approved by the Legislature, LR22CA would place the question on the November 2026 general election ballot.

Sheridan Macy, an Omaha attorney who helped draft the amendment’s language, testified in support. She said Green Amendments in other states have allowed communities to seek redress for environmental harms caused by improper waste management, fossil fuels and drinking water contamination, an especially important issue for the many Nebraska communities that have high levels of nitrates in their drinking water.

“When the state is not doing its duty … it is up to the Nebraska people to hold the government to those responsibilities,” Macy said. “The Green Amendment enables communities to do just that.”

Also in support was Evalina Sain, who testified on behalf of Students for Sustainability. If approved by voters, she said, LR22CA could stimulate job growth in green energy and other fields, helping to retain talented young Nebraskans.

“Greater investment in conservation efforts is not just an environmental necessity,” Sain said. “It’s a direct investment in Nebraska’s youth and economic vitality.”

Testifying in opposition to LR22CA was Omaha attorney Dave Begley, who called it the “most extreme and expensive” measure ever offered in the Legislature.

“If this legislative resolution becomes the law,” he said, “the state will be on the hook for millions in attorneys’ fees and billions in damages.”

The committee took no immediate action on the proposal.