Right to a Clean Environment Provisions in State Constitutions, and Arguments as to a Federal Counterpart

The issue arises occasionally whether it might be desirable to amend the U.S. Constitution to add an environmental provision - such as one declaring an individual right to a clean environment. Some attention was given this issue during the 1970s, when over a dozen states adopted clean environment or other environmentally oriented provisions in their constitutions. Our focus here is solely personal right to a clean environment provisions and the questions they raise. Are they self-executing, or dependent instead on implementing legislation? Do they create private rights of action? If so, on whose behalf, for what remedies, and against what categories of defendants? What is the standard to be enforced, and the level of proof needed to show injury? And so on. All these issues would arise as well were a federal-right-to-a-clean-environment provision to be proposed. In addition, a federal provision would implicate federalism concerns if its scope exceeded that of the Commerce Clause