The Right to a Healthful Environment: A 50 State Overview
Date: August 27, 2026
Read the full PDF here: The Right to a Healthful Environment: A 50 State Overview
INTRODUCTION
Artificial intelligence (AI) development has a significant impact on natural resources and the environment. AI systems rely on specialized chips, particularly processing units, that are crafted from rare minerals mined all over the world. Data centers used to train, host, and deploy AI models require vast volumes of water to cool their servers. These data centers increase greenhouse gas emissions, contribute to air and water pollution, and generate significant heat waste. Electronic waste is a significant part of the AI lifecycle as well; as data centers and servers get updated, older chips and cables are discarded into landfills.
Many communities across the United States are concerned about the effect of AI development and data center construction around the country, most notably the effect that these facilities may have on local natural resources. over 3,000 data centers are in operations in the United States, with at least 1,500 more under construction or proposed within the next twelve months [1].
Individuals who are concerned about the diminishing quality of their natural environments have sufficient grounds to be claim a stake in the quality of the environment – access to a clean, healthful environment is a human right. In 2022 the United Nations declared that the right to a clean, healthy and sustainable environment is a human right that must be protected [2]. Six American states – Montana, Hawaii, Illinois, Massachusetts, New York, and Pennsylvania – have this right to a healthful environment written into their state constitutions. These “Green Amendments” take significant steps in advancing environmental protections and preserving the availability of clean water, clean air, and a stable and healthy environment. In 2024, 16 youth activists in Montana successfully argued in court that the state’s energy policy and stance on greenhouse gases violated their constitutional right to a clean and healthful environment. This case was hailed as a landmark victory for constitutional rights in climate litigation [3]. This case, and the enforcement of the human right to a quality environment, may prove to be instrumental to communities concerned about AI and data centers and their effects on the environment.
While only six states have the right to a healthful environment outlined in their constitutions, other states have environmental provisions that reveal their stance on the stewardship of natural resources. Many states have environmental agencies that oversee the health of natural resources, and some states have policies that outline a right to a healthful environment for its citizens. It must be noted, however, that a state policy or statute that delineates the right to a healthful environment is distinct from having the right to a healthful environment written into the constitution. Constitutional rights are more difficult to overturn, and they call for active harm prevention as opposed to harm mitigation. In addition, the constitutional right to a healthy environment allows citizens to sue states and agencies for violating this right, whereas laws outside of the constitution only permit citizens to take legal action if an agency failed to follow a specific law or provision. Thus, the right to a healthful environment outlined in a state constitution is more impactful than the same right outlined in a statute or policy.
Find a summary of each state’s stance on the fundamental human right to a clean, healthful environment, and the provisions that each state has on environmental protections.
STATE OVERVIEW
Alabama
Alabama does not have the right to a healthful environment written into its constitution. In February 2026, SB 71 was signed into law; this bill limits Alabama’s ability to take a protective stance on environmental health and public safety, prohibiting the state from having stricter environmental regulations than the federal government. It should be noted that federal environmental laws have been increasingly dismantled.
Alaska
Alaska does not have a constitutional right to a healthful environment. Article VIII of the constitution is dedicated to the concerns of natural resources, declaring: “It is the policy of the State to encourage the settlement of its land and the development of its resources by making them available for maximum use consistent with the public interest.” The Alaska Supreme Court has recognized a fiduciary duty to manage these resources for public benefit, and these resources are stewarded in a similar function to the operation of a public trust. Despite the fact that the Alaskan government recognizes natural resources, including water, land, and air, as requiring stewardship in the best interests of the public, the Alaskan citizenry does not have an express right to a clean or healthful environment.
Arizona
Arizona does not have the right to a healthful environment written into its constitution. In 2025 SCR 1017 was introduced to the state Senate, which proposed adding Section 38 to Article II of the state constitution, reading: “Each person, including a person in a future generation, has the right to a clean and healthy environment, including pure water, clean air, healthy ecosystems and a stable climate, and to the preservation of the natural, cultural, scenic and healthful qualities of the environment.” This bill has not been passed into law.
Arkansas
Arkansas does not have the right to a healthful environment written into its constitution. In 2025 there was a citizen-led initiative to include the constitutional right to a clean and healthy environment on the 2026 ballot. The ballot initiative was rejected and the constitution was not amended.
California
California does not have a constitutional right to a healthful environment. There have been attempts to pass a "Green Amendment" to create this right in the constitution, but they have not yet succeeded. However, it should be noted that California does recognize the human right to water. It was the first US state to legally recognize this right in 2012.
Colorado
Colorado does not have a right to a healthful or clean environment written into its constitution. There was an initiative to add a “Right to a Healthy Environment” amendment into the state’s constitution in 2016, but this initiative did not make it onto the ballot.
Connecticut
Connecticut does not have the right to a healthful environment written into its constitution. There have been efforts put forth to add this right to its constitution; in January 2025 Senate Joint Resolution 36 proposed to add the “right to clean and healthy air, water, soil, ecosystems and environment” to the constitution, but it has not passed through the legislative process.
Delaware
Delaware’s constitution does not feature the right to a healthful environment. In 2023, House Bill 220 was introduced with the goal of enshrining residents’ right residents’ right to a clean and healthy environment in the Delaware constitution, but this measure did not pass.
Florida
Florida does not have the right to a healthful environment written into its constitution. There was a grassroots movement to add a “Right to Clean and Healthy Waters” section onto the constitution, but in 2023 it was announced that the measure failed to make it on to the ballot. Environmental oversight in Florida relies on policies and statutes, instead of a fundamental human right.
Georgia
The state of Georgia does not have any right to a healthful or clean environment outlined in its constitution or amendments. While some laws, such as the Environmental Policy Act, do have clauses that state that preservation of the natural resources is important, there does not exist within the state the right to a healthy natural environment.
Hawaii
Hawaii’s constitution does outline the right to a clean and healthful environment for its residents. Added in 1978, Article XI Section 9 states: “Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law.”
Idaho
Idaho does not have any right to a healthful or clean environment outlined in its constitution or amendments. The state has statutes and codes that declare that the protection of the environment is a vital concern and that it is the policy of the state to provide for the protection of the environment. These statutes guide the state’s environmental policies, but do not guarantee the right to a healthful environment to its residents.
Illinois
Illinois’s constitution does guarantee the right to a clean and healthful environment for its citizens. Added in 1970, Article XI Section 2 states: “Each person has the right to a healthful environment. Each person may enforce this right against any party, governmental or private, through appropriate legal proceedings subject to reasonable limitation and regulation as the General Assembly may provide by law.”
Indiana
Indiana does not feature the right to a healthful environment in its constitution. Title 13 of the Indiana Code does outline the rules put in place to protect human health and the environment, but no specific right is encoded in the constitution.
Iowa
Iowa’s state constitution does not guarantee citizens the right to a clean and healthful environment. There have been multiple proposals for such Green Amendments, including initiatives put forth in 2021, 2023, and 2025. These initiatives have not passed into law.
Kansas
Kansas does not have a right to a healthful environment written into its constitution. The state has enacted clean energy standards and has taken steps to reduce coal emissions, among other environmental policy initiatives. However, residents cannot claim environmental rights.
Kentucky
Kentucky does not have the right to a healthful environment written into its constitution. In fact, in 2023 the legislature ignored and refused a proposal to create a Green Amendment that would enshrine this right into the constitution. However, a new bill was proposed in 2026 to add the right to a healthy clean environment to Section 1 of the constitution.
Louisiana
There is no constitutional right to a healthful environment written into Louisiana’s constitution, but Article IX Section 1 of the document states that air, water, and the healthful state of the environment shall be protected as a matter of policy, and that the legislature shall enact laws to implement this policy. This wording does not constitute an explicit right to a healthful environment, but puts these considerations forward in the constitution.
Maine
Maine’s constitution does not declare a right to a clean and healthful environment. In 2022 and 2023, proposals to establish the Pine Tree Amendment, which would enshrine in Maine's constitution the right to a clean and healthy environment, were put forth in the Maine legislature but ultimately failed to pass.
Maryland
Maryland does not feature a constitutional right to a clean and healthful environment. The state does have the Maryland Environmental Policy Act (MEPA), which states that each person has a fundamental right to a healthful environment. However, because this is a policy and is not written into the constitution, private citizens cannot use this provision in lawsuits that argue the violation of a right. The MEPA statement suggests the right to a healthful environment, but since it is not in the constitution, it cannot be enforced as an inalienable right.
Massachusetts
Massachusetts does guarantee the right to a clean and healthful environment for its citizens in its constitution. Added in 1972, Article XCVII states: “The people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources is hereby declared to be a public purpose.”
Michigan
Michigan does not have the right to a healthful environment written into its constitution. Article IV, Section 52 of the constitution does state that the preservation of natural resources is an issue of paramount concern, and that the legislature should provide for the protection of the air, water and other natural resources. However, these provisions only go so far as to create general policies such as the Michigan Environmental Protection Act. These provisions do not guarantee rights to the people of Michigan, and they do not provide an avenue for people to take action against the state for neglecting a clean and healthful environment. It should be noted that in 2026, a Michigan Green Amendment was proposed, which would establish pure water, clean air, a stable climate and healthy environments as inalienable rights within the state Constitution. This bill has yet to pass through the legislature.
Minnesota
Minnesota does not feature a constitutional right to a clean and healthful environment. However, the 2025 Minnesota statutes state that each person has the right to the protection of natural resources in the state, and it is the policy of the state to protect and preserve the state's resources, such as air and water and land. It should be noted that a statute is easier to overturn than a constitutional right, and it does not provide the same avenues for enforcement.
Mississippi
Mississippi does not have the right to a healthful environment written into its constitution. Environmental oversight in Mississippi relies on policies, statutes, and the work of state agencies such as the Mississippi Department of Environmental Quality instead of a fundamental human right.
Missouri
Missouri does not have the right to a healthful environment written into its constitution. Environmental oversight in Missouri relies on policies, statutes, and the work of state agencies such as the Missouri Department of Natural Resources instead of a fundamental human right.
Montana
Montana does guarantee the right to a clean and healthful environment for its citizens in its constitution. Added in 1972, Article IX Section 1 states: “(1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations. (2) The legislature shall provide for the administration and enforcement of this duty. (3) The legislature shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.” In addition, Section 3 of the Montana Declaration of Rights states: “All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways.”
Nebraska
Nebraska does not have the right to a healthful and clean environment written into its constitution. LR 22CA, an amendment to the state constitution that would recognize environmental rights, was introduced to the Nebraska Senate in 2025. The proposed amendment received strong support from environmental and community activists around the state, but has not yet been passed into law.
Nevada
Nevada does not have a Green Amendment, a constitutional right to a healthy and clean environment. In 2023 there were efforts to add the right to a healthful environment to the state’s constitution, but these efforts were blocked out of concern that they would be vague and lead to roadblocks for new development, as reported by the Nevada Independent.
New Hampshire
New Hampshire does not have the right to a healthful environment written into its constitution. There are some towns within the state that have their own measures to protect the environment, such as Nottingham, NH, which recognizes rights of ecosystems and residents to be free from corporate chemical trespass and toxic waste dumping through the Freedom from Chemical Trespass Ordinance. However, this ordinance can be overlooked by lawmakers, industrial developers, and the court system, as it was in December of 2020; this law does not provide nearly as many protections that a constitutional right would, especially since a constitutional right is difficult to overturn and overlook.
New Jersey
New Jersey does not have the right to a healthful environment written into its constitution. Multiple initiatives to establish this right in the state have been launched, including an effort in 2017 that received majority support from the legislature but ultimately did not move forward in the legislative process. The most recent attempt to institute the right to a healthful environment in the state constitution includes bill SCR27, introduced in 2026, which aims to amend the New Jersey constitution to guarantee the right to a clean and healthy environment.
New Mexico
New Mexico does not guarantee the right to a healthful environment in its state constitution. The Constitution does mention the importance of a healthful environment, featuring the following clause in Article XX Section 21: “The protection of the state's beautiful and healthful environment is hereby declared to be of fundamental importance to the public interest, health, safety and the general welfare. The legislature shall provide for control of pollution and control of despoilment of the air, water and other natural resources of this state, consistent with the use and development of these resources for the maximum benefit of the people.” This clause, added in 1971, explains that a beautiful and healthful environment is important to the state, but it does not say that it is a right of the people to have this healthful environment. House Joint Resolution 3 (HJR 3), introduced in 2026, proposes to amend the New Mexico Constitution by adding a new section that provides the people of the state with environmental rights. It has not yet passed through the legislature.
New York
New York’s Bill of Rights does guarantee the right to a clean and healthful environment for its citizens. Added in 2021 through a vote of the people, Article I Section 19 states: “Each person shall have a right to clean air and water, and a healthful environment.”
North Carolina
North Carolina does not have the right to a healthful environment embedded into its constitution. The constitution calls for the state to conserve and protect its lands and waters for the benefit of all its citizenry. While this encourages the development of environmental policy, it does not classify a clean environment as a right of the people.
North Dakota
North Dakota does not have the right to a healthful environment in its constitution. The North Dakota Century Code Title 23.1 outlines the policies and practices that the state mandates to protect air quality, water quality, and proper waste management. However, these do not translate to inalienable rights and these practices can be changed at any time. There is no right guaranteed to citizens to have a healthful and clean environment.
Ohio
Ohio does not provide citizens a constitutional right to a healthful environment. There have been multiple attempts to protect natural resources and environmental health through "rights of nature" acts. In 2019 Toledo voters passed the Lake Erie Bill of Rights to protect the lake from pollution, and some communities attempted to propose a constitutional amendment that would grant rights of nature. Neither of these efforts were ultimately successful.
Oklahoma
Oklahoma’s state constitution does not guarantee the right to a clean and healthful environment. Environmental procedures are overseen by the Oklahoma Department of Environmental Quality, whose mission is “to enhance the quality of life in Oklahoma and protect the health of its citizens by protecting, preserving and restoring the water, land and air of the state, thus fostering a clean, attractive, healthy, prosperous and sustainable environment.” This mission statement may guide policies and practices, but does not guarantee the people of Oklahoma the right to a healthful environment.
Oregon
Oregon’s state constitution does not guarantee the right to a clean and healthful environment. In 2025, an amendment to the Oregon Constitution that would establish a fundamental right to a clean, safe and healthy environment was put forth under the title of SJR28. While this bill received widespread support, it ultimately died without a vote in the Senate committee that it was presented to.
Pennsylvania
Pennsylvania does guarantee the right to a clean and healthful environment for its citizens in its constitution. Added in 1971, Article I Section 27 states: “The Environmental Rights Amendment guarantees Pennsylvanians the right to clean air, pure water, and the preservation of natural, scenic, historic, and aesthetic values of the environment. The Constitution also states "As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”
Rhode Island
Rhode Island’s constitution does have wording that describes a right to the enjoyment of natural resources. The constitution states that the people of Rhode Island “…shall be secure in their rights to the use and enjoyment of the natural resources of the state with due regard for the preservation of their values; and it shall be the duty of the general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state…” This provision, added in 1986, states that the people of Rhode Island have a right to enjoy the natural resources and they should be protected, but it one step shy from stating that the state of the natural resources must remain healthy, and that the people of Rhode Island have a right not only to enjoy these resources, but to enjoy them in their healthy state.
South Carolina
South Carolina does not have the right to a clean and healthful environment written into its constitution. Between 2018 and 2020, an Environmental Bill of Rights was introduced to the house as a joint resolution was introduced to the House. The bill stated, “The people of the State of South Carolina have a right to South Carolina's environment. The people of this State have the authority and legal standing to enforce this right. As trustees of this resource, the State and local governments shall conserve South Carolina's environment, including its clean air, pure water, and natural and scenic values for the benefit of all people.” This bill was referred to the Committee on Judiciary in 2019 but did not move forward in the legislative process beyond 2020.
South Dakota
South Dakota does not have the right to a healthful environment written into its constitution. Environmental oversight in South Dakota relies on policies, statutes, and the work of state agencies such as the Department of Agriculture and Natural Resources, instead of a fundamental human right.
Tennessee
Tennessee does not have the right to a clean and healthful environment in its constitution. In 2023, House Joint Resolution 50 was introduced to the legislature, proposing to amend the constitution to declare that every person has a right to clean air, pure water, and the preservation of the natural, scenic, historic, and aesthetic values of the environment. However, this bill failed to advance beyond committee hearings.
Texas
Texas does not have the right to a clean and healthful environment written into its constitution. The Texas Green Amendment, also called The Stewardship Amendment, was filed in 2024 and aimed to guarantee the right to clean and healthy air, water, soil, native flora and fauna, and other aspects of a healthy environment. It also aimed to declare the natural resources of the state as common property of all people, including future generations. This bill was referred to the Natural Resources Committee, where it has since stalled.
Utah
Utah does currently have water quality and clean air laws, but the state does not have the right to a healthful environment written into its constitution. As of 2026, the SB 234 proposal has been passing through the state legislature; this bill would limit Utah’s ability to take a protective stance on environmental health and public safety, making all state environmental laws no stronger than federal environmental laws. It should be noted that federal environmental laws have been increasingly dismantled.
Vermont
Vermont does not have a constitutional right to a healthful environment. In 2024 a proposal was introduced to the Senate Chamber, aiming to add Article 23 of Chapter I of the Vermont Constitution to read: “That the people have a right to clean air and water and the preservation of the natural, scenic, and cultural values of the environment. The State of Vermont’s natural resources are the common property of all the people. The State shall conserve and maintain the natural resources of Vermont for the benefit of all people.” This bill was referred to the Committee on Natural Resources and Energy but did not advance beyond the committee.
Virginia
Virginia is similar to other states such as Louisiana; it does not outline a right to a healthful environment in its constitution, but it does state that protection of the environment and natural resources is a matter of policy that the state should address. Article XI Section 1 states “it shall be the Commonwealth's policy to protect its atmosphere, lands, and waters from pollution, impairment, or destruction.”
Washington
Washington state does not have a constitutional right to a healthful environment. However, in 2021 the state legislature passed the HEAL Act, the Healthy Environment for All Act. It is meant to encourage state agencies to identify and address environmental injustices.
West Virginia
West Virginia does not have a constitutional right to a healthful environment. In 2024 House Joint Resolution 23 was introduced to add an environmental rights provision to the West Virginia Bill of Rights. The amendment aimed to ensure the right to a clean and healthy environment, including clean air, pure water, a stable climate, and the preservation of the natural, scenic, recreational, and healthful qualities of the environment for West Virginians. The bill was referred to the Committee on Agriculture and Natural Resources but did not advance through the legislature.
Wisconsin
Wisconsin does not have a constitutional right to a healthful environment. There have been initiatives to push for a Green Amendment to be instituted, which would add the right to a healthy environment to the constitution, but these efforts have not yet been successful. However, similarly to how youth activists in Montana argued for their right to a clean environment, youth activists in Wisconsin are utilizing the state’s constitution to defend their rights to a stable climate. They utilize the wording in the Wisconsin Constitution Article 1 Section 1 describing the right to life and liberty, arguing that a stable climate is a part of these rights. The claim was dismissed by a Wisconsin court in April of 2026, and in May of 2026 the plaintiffs announced that they would appeal this decision.
Wyoming
Wyoming does not have the right to a healthful environment written into its constitution. Environmental oversight in Wyoming relies on policies, statutes, and the work of state agencies such as the Department of Environmental Quality, instead of a fundamental human right.
ADDITIONAL RESOURCES
To read more about the status of Green Amendments across the nation and in any particular state, please consult one or more of the following resources:
Green Amendments for the Generations (https://forthegenerations.org/)
Dernbach, John C., The Environmental Rights Provisions of U.S. State Constitutions: A Comparative Analysis (April 13, 2023). Chapter in Environmental Law Before the Courts (Springer, Forthcoming), Widener Law Commonwealth Research Paper No. 23-05, Available at SSRN: https://ssrn.com/abstract=4390853 or http://dx.doi.org/10.2139/ssrn.4390853
State Climate Policy Dashboard Environmental Rights Amendments (https://www.climatepolicydashboard.org/policies/climate-governance-equity/environmental-rights-amendments)
Cited Sources:
Skyler Seets and Kaitlyn Radde, "Most New Data Centers in the U.S. Are Coming to Rural Areas," Pew Research Center, April 13, 2026, https://www.pewresearch.org/short-reads/2026/04/13/most-new-data-centers-in-the-us-are-coming-to-rural-areas/.
United Nations Environment Programme, "In Historic Move, UN Declares Healthy Environment a Human Right," July 28, 2022, https://www.unep.org/news-and-stories/story/historic-move-un-declares-healthy-environment-human-right.
Erin C. Ferguson, "Held v State of Montana: A Constitutional Rights Turn in Climate Change Litigation?," Journal of Environmental Law 36, no. 3 (2024): 453, https://doi.org/10.1093/jel/eqae017.