ALBANY, N. Y. - New York is poised to become one of only three states to enshrine the inalienable rights to clean air and water in its state Constitution.

The State Assembly this week passed the "Environmental Bill of Rights" for a second time, and the measure now will be on the state ballot in November.

If approved by voters, the amendment would add 15 words to the New York Constitution: "Each person shall have a right to clean air and water, and a healthful environment."

According to Kate Kurera, deputy director of the Environmental Advocates of New York, the amendment makes protecting the environment a fundamental responsibility of state government.

"It is a paradigm shift in thinking about how we regulate the environment," said Kurera, "taking it from a precautionary principle - because this says your right to breathe clean air or drink clean water cannot be infringed upon."

Opponents of the amendment say more environmental regulations aren't needed, and predict it could lead to a flood of lawsuits claiming environmental rights have been violated.

But Kurera pointed out that similar state constitutional amendments in Pennsylvania and Montana haven't opened the litigation floodgates. She said she thinks it would strengthen the ability to enforce laws and regulations already on the books.

"You'll have your same challenges to environmental projects that you always have, and you'll have a new tool," said Kurera. "And hopefully, that tool will provide justice where it actually is needed. You have people in Hoosick Falls who still don't have clean water."

She added the courts would help define and clarify the scope and impact of the amendment if it became a subject of litigation.

Kurera noted the amendment had bipartisan support when it passed both houses of the Legislature in two consecutive legislative sessions. And she said she feels confident voters will approve the measure when it goes on the ballot in November.

"I think the majority of people when they're faced with that question, 'do you think you deserve the right to clean air, clean water and live in a healthy environment,' I would be hard-pressed to find a New Yorker, regardless of their political status, to say 'no,'" said Kurera.

More than 70 organizations had signed a letter to legislators supporting passage of the Environmental Bill of Rights.


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A North Dakota task force meets again next month as it considers updating the scope of local zoning laws dealing with factory farms.

It is an issue weighing heavily on the minds of community members who have fought such projects. The task force is expected to submit a proposal to state lawmakers before next year's legislative session.

The main focus is setback ordinances determining where a large animal feeding operation can go. State leaders have been vocal about the need for North Dakota to expand its livestock output and keep pace with neighboring states.

Lois Steinhaus, who lives near Devils Lake, said if a rural area has second thoughts, residents can feel overwhelmed.

"I feel on the edge a lot of the time," Steinhaus observed. "It's not like we hate the smell of farms. We don't, we're comfortable with that, but there's a difference between a herd of cattle and a barn that's got thousands of animals inside."

Steinhaus and her husband were part of a contingent pushing back against a proposed large-scale hog farm amid concerns about the effect on air and water quality, which led to a lengthy court battle. Even though project activity is quiet for now, the couple worries about future legislative moves. Agriculture officials contended there is not enough consistency and clarity under the patchwork of zoning laws.

Supporters of adding more animal agriculture in North Dakota tout the potential economic benefits.

Clark Steinhaus, chair of the Pelican Township's board of supervisors, said a key concern is location. He pointed out Devils Lake, the largest body of natural water in the state, would have seen its tourism drawing power evaporate if the project had moved forward without opposition.

"They were very close to the shores of Devil's Lake, and we have a lot of campgrounds around here," Steinhaus explained.

While the project in their backyard is essentially stalled, other proposals are surfacing, including plans for mega-dairy farms in eastern North Dakota.

The Steinhauses advised smaller communities exploring their options to prepare for things such as legal expenses, as well as the need to raise awareness through local media. They said it can help residents learn more and decide whether a project is right for their town. The next zoning task force meeting is Oct. 25.


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Communities in Colorado and across the U.S. are making time to connect with nature during Hispanic Heritage Month.
Hilda Berganza, climate manager with the Hispanic Access Foundation, said last week's Latino Conservation Week saw thousands of people gathering at over 300 events. That's up from just nine events held during the initiative's launch in 2014.

"It was born from a commitment to Latinos being exposed to the outdoors. To experience being and playing in public lands, to empower families and future generations to be stewards of the planet, of the land," Berganza said.

Families of color are three times more likely than white families to live in areas considered concrete jungles without access to parks and natural areas. Due to policies some people deem racist, including redlining neighborhoods, communities of color also disproportionately live near high levels of toxic air and water pollution.

In 2022, just over 10% of Latinos were able to participate in outdoor recreation activities. Berganza said a broad coalition of community groups, nonprofits and faith-based organizations are working to change that. They are inviting families to picnics and park clean-ups, to go kayaking and hiking, to join scavenger hunts and festivals, and attend film screenings and webinars on the importance of maintaining healthy ecosystems.

"We also have events at churches where community members are learning why it's important to take care of our earth from a religious and spiritual point of view," Berganza added.

Berganza said work is also being done to push towns and cities to create parks and other green spaces in historically under-invested neighborhoods.

"National parks, or state parks, or even regular parks. They are not usually around or built within the communities that Latinos live in," Berganza said.

A new report warned climate goals in Georgia and nationwide are threatened by the rapid growth of industries like data centers and electric vehicles.

Clean energy advocates said utilities are extending coal plant operations and planning new natural gas facilities to meet rising energy demands.

Laurie Williams, director of the Beyond Coal Campaign for the Sierra Club and the report's co-author, noted while companies set ambitious climate goals, utilities remain reliant on fossil fuels.

"As just one example, in late 2023, Georgia Power reported a 20% jump in expected electric demand, largely due to new data center interconnections," Williams pointed out.

She added Georgia Power later filed an emergency resource plan, citing rapid load growth as the reason for extending a coal plant's life span and adding new natural gas capacity. Williams stressed while clean energy can take center stage, it requires action from customers, regulators and advocates alike.

The report outlined 12 recommendations for tackling energy demands while reducing emissions and keeping costs sustainable.

Jeremy Fisher, principal adviser on Climate and Energy for the Sierra Club and co-author of the report, said one of them pointed to the importance of collaboration.

"A little bit can go a long way," Fisher emphasized. "We recommend that utilities and large customers work together to maximize demand response management capabilities."

The report's recommendations also included comprehensive utility decarbonization plans and 24/7 clean energy sourcing and transitioning backup generators to batteries. There is also a strong call for advocates and large companies to push for stronger clean energy standards at the state and federal levels.


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