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LR 22CA

Constitutional amendment to provide the right to a clean and healthy natural environment and that the state and political subdivisions serve as trustee of the natural resources of Nebraska

109th Legislature (2025-2026) Introduced by John Cavanaugh and 1 co-sponsor

Nebraska would enshrine a right to a clean, healthy environment and declare the state and local governments as trustees obligated to conserve natural resources for all generations.

Title printed. Carryover resolution
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Bill Summary · LR 22CA

Summary: Constitutional Amendment LR 22CA (Nebraska)

Overview

LR 22CA is a proposed constitutional amendment for Nebraska that would add a new provision to Article I, Section 32, establishing a right to a clean and healthy environment and defining the state and its political subdivisions as trustees of Nebraska’s natural resources. The measure is a voter-amendment initiative, scheduled to be placed on the ballot for the November 2026 general election if approved by the Legislature and subsequently by voters.

  • Introduced: January 21, 2025
  • Primary sponsor: Senator George Dungan
  • Co-sponsor: Senator J. Cavanaugh (added later)
  • Committee: Natural Resources
  • Hearing: February 26, 2025
  • Status update: Cavanaugh, J. name added (as of April 25, 2025)

What the bill would do

  • Add to the Nebraska Constitution a guaranteed right for all people to a clean and healthy environment. This includes elements such as pure water, clean air, healthy soils, balanced ecosystems, a safe climate, and diverse native flora and fauna, as well as the preservation of healthful environmental qualities.
  • Establish a public trust duty: The state and each political subdivision shall serve as trustee of Nebraska’s natural resources, and shall conserve, protect, and maintain those resources for the benefit of all people, including present and future generations.
  • Make the rights and obligations self-executing, meaning they would be enforceable directly, without necessarily requiring enabling legislation to take effect.

Key provisions

  • Proposed new constitutional text: Adds Section I-32 to Article I with the rights-to-environment language and the trustee obligation.
  • Trustee duties: The government as trustee must conserve, protect, and maintain natural resources for current and future Nebraskans.
  • Self-executing: The rights and obligations are intended to be directly enforceable.
  • Ballot language: If enacted, voters would see on the ballot a concise description stating that the amendment provides a right to a clean and healthy environment and that the state and subdivisions shall serve as trustees of natural resources, with options for “For” or “Against.”

Who would be affected

  • State government and political subdivisions (counties, municipalities): Assigned trustee responsibilities to conserve and protect natural resources.
  • Nebraskans (present and future generations): The constitution would formally recognize a right to a healthy environment.
  • Environmental regulatory and policy activities: Potentially affects how laws and regulations are crafted, implemented, and challenged to protect environmental rights.
  • Courts: May become venues for litigation to enforce environmental rights and the trustee duties.

Procedural and timeline aspects

  • General election submission: The amendment would be submitted to voters at the November 2026 general election.
  • Legislative action timeline: Introduced January 21, 2025; referred to the Natural Resources Committee; hearing held February 26, 2025; sponsor updates noted (Cavanaugh added as a co-sponsor on April 25, 2025).
  • Ballot language process: The ballot description is included for voter consideration, mirroring standard constitutional amendment procedures in Nebraska.

Potential impacts and considerations

  • Legal landscape: Adopts a broad, rights-based and public-trust framework for environmental protection; could enable lawsuits asserting environmental rights and state/trustee duties.
  • Policy implications: May influence regulatory decisions, public lands management, water quality programs, air quality standards, and natural resource conservation strategies.
  • Fiscal considerations: Implementation and enforcement could affect agency workloads and budget priorities, though no specific fiscal provisions are stated in the text provided.

Note: This summary reflects the content and provisions as presented in the introduced bill and accompanying materials. If the bill is amended, details may evolve.

Compiled from official sources — confirm details with the bill’s official record.

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