What is a Green Amendment?
Green Amendments are self executing provisions added to the bill of rights section of a constitution that recognize and protect the rights of all people, including future generations, to pure water, clean air, a stable climate, and healthy environments.
Delaware’s Green Amendment
A Delaware Green Amendment will amend the Delaware State Constitution’s Bill of Rights in order to recognize the rights of present and future generations “to a clean and healthy environment, including water, air, soil, flora, fauna, ecosystems and climate, and to the preservation of the natural, cultural, scenic and healthful qualities of the environment”.
While the Delaware Green Amendment has been the subject of two successful hearings in 2022 and 2023 (read about it in our press statement), time ran out before the amendment could make it through the entire process. And so the work continues.
The proposed Delaware Green Amendment language reads as follows:
Section 22. The people of Delaware have an inherent and inalienable right to a clean and healthy environment, including water, air, soil, flora, fauna, ecosystems and climate, and to the preservation of the natural, cultural, scenic and healthful qualities of the environment. The State’s natural resources are the common property of all the people, including both present and future generations. The State, including all branches, agencies, and political subdivisions, shall serve as trustee of the State’s natural resources and shall conserve, protect, and maintain these resources for the benefit of all its people. This provision, and the rights stated herein, are self-executing and on par with other protected inalienable rights.
The full language advanced in 2023 – including introductory whereas clauses and language, can be viewed here: Delaware Green Amendment proposed 2023.
What’s the Process for Passage? If passed through the state legislature by a 2/3 majority vote of each legislative house in two consecutive General Assemblies, the constitution would be amended to add enforceable environmental rights protections for all Delawareans.
What Organizations are Supporting the Amendment? Delaware Riverkeeper Network, NAMATI, Sussex Health and Environmental Network (SHEN), the MidAtlantic Justice Coalition, Socially Responsible Agriculture Project (SRAP), Opportunity Knocks Delaware and Green Amendments For The Generations are working in close partnership to advance a Delaware Green Amendment Movement.
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Details on the Amendment’s Progress to Date:
The Delaware Green Amendment was first put forth for consideration on Earth Day 2021. The official announcement of the Green Amendment proposal was made at a Youth Earth Day Rally held at the Charter School of Wilmington alongside students who are enthusiastically supporting the proposal. A recording of the event is available here. Since that time, grassroots support for the DE Green Amendment has been growing.
In 2022 the Amendment secured a robust hearing before the House Administration Committee. Residents from around Delaware, as well as leaders from Sussex Health and Environmental Network (SHEN), the MidAtlantic Justice Coalition, Socially Responsible Agriculture Project (SRAP), Opportunity Knocks Delaware, the Delaware Riverkeeper Network and Green Amendments For The Generations all showed up to provide compelling testimony and expert analysis (testifiers in photo to the right). You can view the 2022 hearings here: June 15 & June 16. Ultimately the topic was tabled by the committee.
The DE Green Amendment was re-proposed in 2023 on June 1st as HB 220. It received its first hearing of 2023 before the House Administration Committee on Wednesday, June 14, and successfully voted through. But thereafter time ran out before the amendment could advance through the process.
At this point grassroots volunteers and organizations continue to work, plan, educate and reach out to build the support needed for the people of Delaware to successfully secure their constitutional right to a clean, safe and healthy environment.
