Resources

The Delaware Green Amendment will amend Article I of the Constitution to recognize and protect the rights of all of the people of Delaware “to a clean and healthy environment.” Use these top talking points as a starting place for educating others.

To help consider those good questions that are sure to come up, here is a DE FAQs sheet with some of the most common questions & how to answer them.

Here are some Delaware Green Amendment Points to Consider about how and why Delaware communities, environmental justice, property values and economy will be benefitted.

Here’s The Story, an Emmy nominated show that premiered in 2011 and is produced by acclaimed journalist Steve Rogers, is now featuring a two part show featuring the Green Amendment movement. The show joins Maya as she explores the history of the Green Amendment movement and meets with environmental, political and legal leaders key to the movements past, present and future. Among those interviewed is NJ Governor Phil Murphy, PA Senator Franklin Kury who originally conceived of the idea for PA, and the chief justice who wrote the iconic opinion that helped launch the movement.

You can watch the show, see Facebook live chats with some of the key players, and see the full interviews that were conducted as part of the show here: Here’s the Story: The Green Amendment.

Environmental Justice concerns are a reality for too many Delaware communities. To help understand the challenges communities of color and low income communities face from being disproportionately targeted for high polluting and environmentally degrading activities here is a helpful study.

EXECUTIVE SUMMARY – This report studies the health risks for seven communities located along an industrial corridor in the northern portion of Delaware’s New Castle County. These communities have higher percentages of people of color and/or higher poverty levels than the Delaware average. We found that people in the seven communities face a substantial cumulative health risk from exposure to toxic air pollution and their proximity to polluting industrial facilities, hazardous chemical facilities, and contaminated waste sites. These health risks are substantially greater in comparison to those of a predominantly White and affluent Delaware community as well as Delaware as a whole. Read more here.

Pennsylvania:

Robinson Twp, Delaware Riverkeeper Network et.al. v. Commonwealth : pro-fracking law defeated as unconstitutional
PEDF v. Commonwealth: misappropriation of environmental funds secured through fracking leases on public lands a constitutional concern
Delaware Riverkeeper Network v. PADEP re Bishop Tube: failure of state to act to address decades of high level site contamination is a constitutional concern
Marple Township Commissioners Rely on Art 1 Section 27: reject damaging development that would have devastated treasured woodland, the Don Guanella Woods
PFAS Protections: Pennsylvania Government Advances PFAS Standards to Protect Environmental Rights & Fulfill Constitutional Green Amendment Obligation
Center Coalfield Justice v. PADEP : longwall coal mining permit revision unlawful as constitutional violation
Friends of Lackawanna v. PADEP : landfill renewal permit ordered modified to address historic groundwater contamination
PA Attorney General Empanels Grand Jury to investigate systemic failures of government regards to the environmental and community impacts fracking
PA Attorney General is routinely using the PA Green Amendment to support environmental protection efforts
Gov Wolf Vetoes lawthat prohibited communities from instituting plastic ban protections
PA Public Utilities Commission re Transource Powerline: PUC Administrative Law Judge recommends denial of powerline approval that later adopted by the PUC Commissioners.
PEDF IV: Supreme Court speaks to the constitutional environmental rights of future generations.
Marple Township v Pennsylvania Public Utilities Commission: affirming obligation of all government to conduct a constitutionally-based environmental assessment of proposed action as part of decision making.

Montana:

MEIC v. Montana DEQ : industrial gold mining permit rescinded for failure to consider and protect natural resources
Cape France Enterprises v. Estate of Peed: court rejected ordering specific performance of a drilling contract that could have contaminated groundwater supply
Park Cty Envtl Council & Greater Yellowstone Coalition v. MT DEA & Lucky Minerals: gold mining exploration license vacated and state law deemed unconstitutional for exempting activities from essential environmental reviews.
Held v. State of Montana: Youth Climate Legal Action withstands motion to dismiss largely because of environmental rights (in other states without a Green Amendment similar cases have been dismissed).