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HJR 16

Natural Resources and the Public Estate Amendment

2026 Regular Session Introduced by Evan Hansen

Establishes a constitutional right to a clean, healthy environment and designates WV as trustee of natural resources, with strict-scrutiny protection for current and future generat

To House Energy and Public Works
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Bill Summary · HJR 16

Overview

  • Bill: HJR 16 (House Joint Resolution 16)
  • Session: 2026, West Virginia
  • Sponsor: Delegate Hansen (co-sponsor: Evan Hansen)
  • Status: Introduced January 14, 2026; referred to Energy and Public Works, then Judiciary
  • Nature: A constitutional amendment proposed to the voters at the 2026 general election
  • Topic: Establishes a new Section 23 in Article III (Bill of Rights) to enshrine a right to a healthy environment and to designate the state as trustee of natural resources

Main purpose and intent

  • The amendment seeks to recognize a constitutional right of all people to a clean and healthy environment, including:
    • Pure water
    • Clean air
    • Healthy soils
    • A safe climate
    • Preservation of the environment’s natural, recreational, and healthful qualities
  • It designates the state as trustee of West Virginia’s natural resources (water, air, flora, fauna) and imposes a duty to conserve, protect, and maintain these resources for the benefit of current and future generations.
  • It emphasizes equitable protection of these rights and resources for all people, including children and future generations.
  • The rights and duties in the proposed amendment are described as self-executing and subject to strict scrutiny review.

Key provisions and changes proposed

  • Add a new constitutional provision, Article III, Section 23:
    • Textmatic core: “All people have a right to a clean and healthy environment… The state shall serve as trustee of the natural resources of West Virginia… The state shall conserve, protect, and maintain these resources for the benefit of all the people, including generations yet to come. The state shall protect these rights and natural resources equitably for all people… These rights and duties are self-executing and subject to strict scrutiny review.”
  • Establishes the state’s fiduciary role over natural resources (water, air, flora, fauna).
  • Subjects the right to a clean environment and the state’s duties to strict scrutiny—a high standard of judicial review aimed at protecting fundamental rights.
  • Provides a summarized statement of purpose for voter ratification, indicating the goal of ensuring ongoing protection of natural resources for present and future residents.

Who or what would be affected

  • State government functions:
    • Healthier environment-related policymaking and enforcement
    • Management and stewardship of natural resources (water, air, soils, flora, fauna)
    • Potential reevaluation of existing environmental laws to align with strict scrutiny requirements
  • Judicial system:
    • Increased reliance on strict scrutiny to adjudicate environmental rights cases
  • Public:
    • A constitutional right to a clean and healthy environment as a fundamental right
    • Greater protections for environmental quality for current residents and future generations
  • Industries and planning:
    • Regulatory frameworks and development projects may face heightened environmental review and challenge rights-based claims

Procedural and timeline aspects

  • Placement on the ballot: If approved by two-thirds of both chambers, the measure would be submitted to voters at the next general election in 2026.
  • Process for ratification: Successful passage requires voter ratification at the general election.
  • Legal effect: If ratified, the amendment would become part of the West Virginia Constitution as Amendment No. 1 to Article III (the “Healthy Water and Air Amendment”).
  • Implementation notes: The language states the rights are self-executing and subject to strict scrutiny, which may lead to significant judicial and regulatory interpretation going forward.

Summary of potential impact

  • Elevates environmental rights to a constitutional level, with direct implications for policy, regulation, and litigation.
  • Could prompt comprehensive reviews of existing environmental laws and regulatory processes to ensure compliance with strict scrutiny standards.
  • Strengthens public accountability for protecting natural resources for current and future generations.
  • May influence decisions in energy, land use, water management, and pollution control to prioritize environmental integrity alongside economic considerations.

If you’d like, I can compare this proposal to similar environmental rights amendments in other states or outline potential budgeting and regulatory implementation steps in anticipation of voter approval.

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

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