Why Constitutional Environmental Rights Don't Matter

June 2026
Citation:
56
ELR 10231
Issue
3
Author
Sonya Ziaja

As the federal government abandons climate action and environmental protection, advocates and scholars pin their hopes on state constitutional amendments to fill the void. The underlying idea is that state constitutions will change hearts and minds, leading to fast and meaningful action. Detractors argue that these constitutional rights are meaningless. This Article provides original data on the role of state constitutional environmental rights in the day-to-day work of civil servants. It argues that environmental rights amendments are only one small part of complex systems that influence beliefs and actions on the ground, and do not have a direct impact on natural resources managers. It also highlights mechanisms to strengthen constitutional environmental rights: other rights, specifically the public trust doctrine, do have significant influence; advocates may bolster the meaning of environmental rights through trainings, linking them to native cultural rights, and through litigation; and state natural resources agencies need to be adequately funded and staffed.

Sonya Ziaja is an Assistant Professor of Law at University of Baltimore School of Law and Research Affiliate at the CEU Democracy Institute.