The Green Amendment for New Mexico

Why Have a Green Amendment?

Green Amendments emphasize environmental justice for impacted communities. It has been adopted in Pennsylvania, which had a huge coal mining industry, and whose lower income urban areas were heavily impacted by industries. A Green Amendment has also been adopted in Montana.

One of the biggest benefits from introducing a green amendment in New Mexico, would be to highlight the environmental impacts from oil and gas production and to enforce laws protecting local neighborhoods from their emissions. In particular, fracking is claimed to create unlivable conditions for those within breathing distance of wells. A constitutional green amendment may redouble efforts to strengthen and enforce the existing restrictions on fracking.

For some background and history, see:

"“Green Amendment” Movement Demands Constitutional Right to Clean Environment" - Truthout - December 2019

What is a Green Amendment?

Green Amendments establish a constitutional mandate recognizing a healthy environment as an inherent, indefeasible, generational legal right of all citizens.

Once passed, government officials would be required to prioritize environmental protection when advancing energy policy, considering development, and crafting and implementing legislation and regulations.

Green Amendments support avoidance of unfair targeting of communities of color, indigenous communities and low income communities - groups often disproportionately affected by poor air and water standards.

Communities would be able to hold officials accountable when their actions, activities, and decisions cause environmental harm that violates environmental constitutional rights including for both present and future generations

Green Amendments are self executing provisions added to the bill of rights section of a state's constitution that recognize and protect the rights of all people, regardless of race, ethnicity, religion or income, including future generations, to pure water, clean air, a stable climate, and healthy environments. Two leading organizations for Green Amendments provide more information:

• Green Amendments for New Mexico

• National Caucus of Environmental Legislators

Proposed New Mexico Green Amendment Language

SECTION 1. It is proposed to amend Article 2 of the constitution of New Mexico by adding a new section to read:

A. The people of the state, including future generations, have 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.

B. The state, including each branch, agency, and political subdivision, shall serve as trustee of the natural resources of the state, among them its waters, air, flora, fauna, climate and public lands. The state shall conserve, protect, and maintain these resources for the benefit of all the people, including generations yet to come.

C. The rights stated in this section are inherent, inalienable, and indefeasible and are among those rights reserved to all the people and are on par with other protected inalienable rights. The provisions of this section are self-executing.

SECTION 2. It is proposed to amend Article 20 of the constitution of New Mexico by repealing Section 21.

How to Pass a Green Amendment to the New Mexico Constitution

Both houses of the New Mexico legislature have to agree to put the question before the voters in an election. If the majority of voters approve the constitutional amendment it is then adopted.

The Constitution of New Mexico provides that the legislature, by a majority vote of all members elected to each house, may propose amendments revising the constitution and that proposed amendments must then be submitted to the voters of the state for approval. A proposed amendment becomes part of the state's constitution if a majority of the votes cast in an election on the proposition is cast in its favor, unless the proposed amendment affects one of the sections for which a three-fourths' majority is required. Proposed constitutional amendments become effective upon approval by the voters unless an effective date is provided within the text of the proposed amendment.