{ "id": "RS20084", "type": "CRS Report", "typeId": "REPORTS", "number": "RS20084", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 102454, "date": "1999-02-23", "retrieved": "2016-05-24T20:46:51.017941", "title": "Right to a Clean Environment Provisions in State Constitutions, and Arguments as to A Federal Counterpart", "summary": "The issue arises occasionally whether it might be desirable to amend the U.S. Constitution to add\nan environmental provision such as one declaring an individual right to a clean environment. \nSome attention was given this issue during the 1970s, when over a dozen states adopted clean\nenvironment or other environmentally oriented provisions in their constitutions. Our focus here is\nsolely personal right to a clean environment provisions and the questions they raise. Are they self-\nexecuting, or dependent instead on implementing legislation? Do they create private rights of\naction? If so, on whose behalf, for what remedies, and against what categories of defendants? What\nis the standard to be enforced, and the level of proof needed to show injury? And so on. All these\nissues would arise as well were a federal right-to-a-clean-environment provision to be proposed. In\naddition, a federal provision would implicate federalism concerns if its scope exceeded that of the\nCommerce Clause.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS20084", "sha1": "44ef72947246f9ace4bd5f3e64150cfbcdc7ce1b", "filename": "files/19990223_RS20084_44ef72947246f9ace4bd5f3e64150cfbcdc7ce1b.pdf", "images": null }, { "format": "HTML", "filename": "files/19990223_RS20084_44ef72947246f9ace4bd5f3e64150cfbcdc7ce1b.html" } ], "topics": [] } ], "topics": [ "American Law" ] }