What’s Happening in West Virginia?
In 2026, Delegate Evan Hansen has proposed the West Virginia Right to Healthy Water & Air Amendment.
The constitutional amendment would be added to the Article III, the Bill of Rights and would read:
ARTICLE III. BILL OF RIGHTS.
§23. Healthy water and air.
All people have a right to a clean and healthy environment, including pure water, clean air, healthy soils, a safe climate, and the preservation of the natural, recreational, and healthful qualities of the environment. The state shall serve as trustee of the natural resources of West Virginia, among them its water, air, flora, and fauna. 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, including children and future generations. These rights and duties are self-executing and subject to strict scrutiny review.
The amendment will first be considered by the House Energy & Public Works Committee and, if passed out of Committee, will go to the House Judiciary Committee.
Green Amendments is working with BLAC (Black Appalachian Coalition) to spread the word about the value of having this constitutional right in West Virginia.
The History of Wests Virginia’s Amendment
It all began on February 11, 2019 when Delegate Evan Hansen first proposed the West Virginia Green Amendment. House Joint Resolution 25 was originally was modeled on Pennsylvania’s Green Amendment and would add a right to pure water, clean air and a healthy environment to the Bill of Rights section of the W.Va. Constitution.
After the amendment failed to make progress that year, it was again on December 16, 2019 when Delegate Evan Hansen, this time joined by over half a dozen West Virginia legislators, Green Amendment Founder Maya van Rossum, Tracy Danzey who has suffered serious health consequences due to environmental pollution and is inspiring communities to defend their environment, and West Virginia Rivers Coalition Executive Director Angie Rosser, announced that they would be re-introducing a West Virginia Green Amendment — to be named the West Virginia Environmental Rights Amendment – for the 2020 legislative session. You can view the press conference making the announcement here.
On February 11, 2021, Delegate Hansen re-introduced the Green Amendment, HJR 12, joined by co-sponsors: Del. Barbara Fleishauer, Del. John Doyle, Del. Kayla Young, Del. Danielle Walker, Del. John Williams, Del. Mike Pushkin, and Del. Jim Barach. HJR 12 has been referred to the House Agriculture and Natural Resources Committee followed by the House Judiciary Committee.
Almost every year since, including in 2024, Delegate Hansen has kept alive the prospect of constitutional Green Amendment environmental rights by re-proposing his amendment language. While the amendment has not made strong progress through the constitutional amendment process, the fact that it continues to be re-proposed shows strong interest in securing constitutional protection for environmental rights in West Virginia and staying engaged is important.
