Natural Resources and the Public Estate Amendment
HJR16 is a proposed constitutional amendment that would add a new section to the West Virginia Bill of Rights establishing a right to a clean and healthy environment. The amendment would recognize rights to pure water, clean air, healthy soils, a safe climate, and the preservation of the natural, recreational, and healthful qualities of the environment. It also states that the state has a duty to act as trustee of West Virginia’s natural resources, including water, air, flora, and fauna, and to conserve, protect, and maintain those resources for the benefit of current and future generations.
The proposal says these rights and duties would be self-executing and subject to strict scrutiny review, meaning they could be directly enforceable and would require the highest level of judicial review when state actions are challenged. The resolution would place the amendment before voters at the next general election in 2026 and designate it as “Amendment No. 1” and the “Healthy Water and Air Amendment.”
If adopted, HJR16 would amend the state constitution rather than ordinary statute, creating a new enforceable environmental right in Article III, the Bill of Rights. It would likely affect state agencies, permitting decisions, environmental regulation, natural resource management, and any state action alleged to impair clean water, clean air, healthy soils, or a safe climate. The strict scrutiny standard could significantly increase legal exposure for state policies affecting environmental quality and resource conservation.
The available text and context suggest the bill is framed positively and aspirationally, emphasizing protection of public health, natural resources, and future generations. No committee transcripts or recorded votes are available, so there is no documented legislative debate or formal vote history to indicate broader support or opposition. Based on the resolution’s language, the sponsor’s intent is strongly pro-environment and rights-expanding.
The main points of contention likely concern the scope and enforceability of the proposed constitutional right, especially the inclusion of a “safe climate” and the requirement that the rights and duties be self-executing and reviewed under strict scrutiny. Supporters would likely view the amendment as a necessary safeguard for water, air, and natural resources, while opponents may worry it could invite litigation, constrain regulatory flexibility, and create uncertainty for energy, land use, and resource development decisions. No specific objections are recorded in the provided materials, but those are the issues the proposal most clearly raises.