We Need a Maryland Amendment for Environmental Human Rights, Here’s Why
by Ethan McNary
Maryland’s environmental regulations are an interwoven collection of bills, ranging from granular substance bans to far-reaching climate initiatives. Most of these bills are the product of tireless grassroots organizers and receptive legislators in Annapolis.
There is however tremendous vulnerability in this approach to environmental regulation. Organizers are stretched thin and state legislators are overworked and face an avalanche of bills each session. Any progressive legislation that manages to get through can be overturned by future legislatures, or sometimes simply ignored. The result is: We are fighting an uphill battle while the ground shifts underneath our feet, often benefiting the polluters and private interests. What is the solution? We need an unwavering foundation to stand on: a constitutional amendment. We need a Maryland Amendment for Environmental Human Rights.
When you think of inalienable rights, most likely you think of freedom of speech, religion or press, and the right to due process. Codified in the Constitution, these are the most powerful legal protections we have. In this state, our Declaration of Rights in the Maryland Constitution is the highest law of the land. However, there is no constitutional guarantee for a healthful environment.
As a young person, my world is one of uncertainty. I am a freshman in college. Many of my friends and peers, including myself, are deeply concerned about our collective future. We have seen worsening storms like Hurricane Sandy devastate frontline communities. Sea-level rise continues to threaten coastal areas on the Eastern Shore. And due to systemic racial inequalities, communities of color are more likely to contract and die from COVID-19.
In this moment of climate and ecological crisis, environmental and racial injustice, it is more essential than ever to constitutionally commit to health, equity, and morality. That is exactly why the Maryland Campaign for Environmental Human Rights is working to pass the Amendment for Environmental Human Rights.
If the amendment is added to our constitution, the right to a healthful environment, clean air, water, land, and a stable climate would be guaranteed to every Marylander, including future generations.
Despite the progress made in environmental legislation, Marylanders still face a vast number of environmental problems. Unsafe drinking water; sea-level rise; contaminating facilities, sites, and industries; as well as high levels of air and water pollution, all poison our local communities. Without a constitutional right to a healthful environment, communities of color and low income suffer disproportionate concentrations of pollution and environmental degradation. And the environmental protections that do exist are often watered-down and ignored.
One example of ignored policy is the Maryland Environmental Policy Act. Passed in 1973, this law recognized that “each person has the fundamental and inalienable right to a healthful environment.” Because it only applies to state agencies and has no procedures for enforcement or accountability, the law has been dormant for the past 47 years. Almost a half-century after its passage, organizations like Sunrise Movement Baltimore have endorsed and supported the Amendment for Environmental Human Rights to ensure the promises of the past are kept.
The amendment emboldens the language and lessons from the Maryland Environmental Policy Act and assures the right to a healthful environment, while holding the state government accountable. It would reprioritise environmental protection as one of the state government’s highest obligations. Moreover, the amendment would codify the government as a trustee of Maryland’s natural resources, meaning the state would be constitutionally required to protect our natural resources for current and future generations.
Having the right to a healthful environment would empower local communities (especially ones already overburdened by environmental degradation) to protect themselves against potentially harmful new projects like incinerators, pipelines, highway expansions, and much more. In the courts, the Amendment for Environmental Human Rights would give Marylanders greater standing in legal battles whenever there is a claim that the government infringed on an individual’s constitutional right to a healthful environment.
For me, this amendment represents whether Maryland is ready to get serious about environmental and racial justice. It also represents whether Maryland is willing to ensure the survival of my generation and those to come.
That is why the work of the Maryland Campaign for Environmental Rights and Sunrise Movement Baltimore is vital. These grassroots organizations represent the voices of the affected, recognize the immediacy of the moment, and are committed to derailing the catastrophic path we are currently on. To get involved, join these groups and, most importantly, make your voice heard this legislative session in support of the Maryland Amendment for Environmental Human Rights.
Ethan is a State Policy Organizer of Sunrise Mvt. Baltimore as well as a Student Organizer for the Maryland Campaign for Environmental Human Rights (MDEHR).
Contact him with his Twitter and IG handle “ethanbmcnary.”
Contact the MDEHR:
Twitter: mdehr4al
IG: lmdehr_advocate
