New Article: “Do I Really Have the Right to Breathe Clean Air?”

Since his first day in office, President Trump has issued a series of executive orders renouncing federal environmental justice and climate change initiatives. However, some states with environmental rights amendments in their constitutions have the opportunity to fill this gap with the further development of universal environmental rights. Using the example of the recently-amended New York Constitution’s Art. I, section 19, this new article by Professor Rebecca M. Bratspies at City University of New York School of Law discusses the current undertheorized state of environmental rights.

Despite the sweeping language of environmental rights amendments, there is little consensus on the exact contents of these rights and who bears the duties presented by them. However, the article argues that tackling this interpretative task would allow these rights to act as a powerful tool for states to address the void left by receding federal regulation. The article further contends that the New York model for the right to breathe clean air fundamentally changes every stage of environmental decision-making, and better promotes improved air quality, public participation, government responsiveness, and environmental justice.

The full article can be found on SSRN here.