Rhode Island Senate Passes Resolution Affirming Citizens’ Constitutional Right to a Healthy Environment

Overview

On June 3, the Rhode Island Senate passed Senate Resolution 327 by a vote of 32-4, making Rhode Island the fourth state ever to pass a constitutional “Green Amendment” through a legislative chamber. The resolution would affirm the people’s right to clean air, water, and a healthy environment in the state constitution. If reintroduced in 2026, Rhode Island’s Green Amendment must pass through the full legislature and then be referred to voters in the next general election. SR 327 was sponsored by State Senator Susan Sosnowski.

Why Green Amendments Matter

In the United States, millions of people lack access to safe water, and nearly everyone across the globe is regularly exposed to unhealthy levels of air pollution. By establishing a healthy environment as a basic civil liberty, Green Amendments provide a backstop to ensure government authorities are protecting environmental and human health. 

• Environmental Justice: Green Amendments help advance environmental justice by granting communities overburdened by pollution the legal standing to insist that the government prevent actions that infringe upon their right to clean water, clean air, and a healthy environment. 
• Accountability: Constitutional Green Amendment language in Montana and Pennsylvania has also been applied in lawsuits regarding: mining, sewage sludge/water quality in residential communities, accessibility of environmental protection funds, and most recently in the Montana v Held Supreme Court case that referenced the state’s Green Amendment to affirm Montanans’ right to a clean and healthful environment. 

Key Provisions of Rhode Island’s Green Amendment

Rhode Island’s proposed Green Amendment (SR 327) builds on existing constitutional protections and affirms the state’s duty to safeguard natural resources.

• Existing Protections: Rhode Island’s constitution already contains language (Article 1, Section 17) that affirms the right of people to use the public shore and fish to “provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state.” Rhode Island’s Green Amendment would build on these existing rights.
• Establishing Environmental Rights: The resolution would add language to the state Constitution stating that all people in the state have an “inherent, inalienable, indefeasible, and self-executing right” to clean air, water, and soil, and a life-supporting climate. Both the existing and proposed provisions are in the Rhode Island Constitution’s Bill of Rights section, putting them on par with other indefeasible civil liberties like freedom of speech. 
• The State as a Steward: Importantly, the bill notes that the State of Rhode Island shall serve as the trustee of the state’s natural resources, and shall conserve, protect, and maintain these resources for the benefit not only of current residents, but future generations as well. 

National Context: Other State Action on Green Amendments 

Momentum for constitutional Green Amendments continues to grow across the country. To date, three states have established green amendments: Montana, New York, and Pennsylvania. Thirteen states have pursued Green Amendments this year, including Connecticut, Hawaii, New Mexico, and New Jersey.

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