[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6304087,"mediaKeyId","2469086-30c7889d061c4f934c64e02d91beae08","parentId",2469086,"title","Natural Resources Committee hears ‘Green Amendment’ (LR22CA); supporters cite water and youth, opponents warn of litigation risk","audioSeconds",7523,"startMs",2611000,"endMs",10134000,"viewUrl","/Search/View?dp=1&key=2469086-30c7889d061c4f934c64e02d91beae08&start=2611&end=10134","thumbnailUrl","https://assets.pipeline.soar.com/2469086-30c7889d061c4f934c64e02d91beae08/thumbnail_2611000.jpg","articleUrl","/articles/6304087/Nebraska/Natural-Resources-Committee-hears-Green-Amendment-LR22CA-supporters-cite-water-and-youth-opponents-warn-of-litigation-risk","mediaUrl","https://secure.pipeline.soar.com/6304087-bf6b4b49d50ed3c54bbc8bd3485f1fd0/orig.mp4?Expires=1771100847&Signature=BfU0hehgPvaRX6cJqPTt7IdVSNw0XLm29m-qoKq8k58xpYDP9zqWVdUQSwDmx7l2BJmXRCm2PcTX8hHWkKLfIUkUH8jczXisE8FATYroZgth0V5mXP~XQsgJxbIUculHkJHGTBb7IpBiEGMoQb2GY5pRnr5vfJ06VgWYfBRH~KBQKjfRO-09Yy0CEEBXE6irSdPG3Q37w~BzQnNoIScko6TbxhdDeO7TEgF9E8IeIHumVFGK3EGUKsbmIPpt7SukoywVAkrBdSmXfMAlYD~67PZM3mGUiChAjGx2dcUgRlDouKxfXBYxvm420FJ7VURVupn0A3z~8G1LharqTK-vGw__&Key-Pair-Id=KUT5TJCACFTXG","author","Nebraska Legislature","date","2025-02-26T00:00:00Z","article","Senator George Dungan introduced LR22CA — a proposed constitutional amendment commonly called the \"Green Amendment\" — to the Natural Resources Committee and a lengthy public hearing followed, featuring dozens of proponents, several opponents and one neutral witness.

\"A Nebraska Green Amendment will ensure that all of the government in the state, including the branches of government at both the state and the local level, will work to advance proactive environmental protection at every level of the decision making process,\" Senator George Dungan said in opening remarks. Dungan described language drawn from other states and said the amendment is intended to allow citizens to challenge government action or inaction that harms the environment.

Attorney Sheridan Macy, who helped draft the bill, told the committee, \"The Green Amendment gives Nebraskans the right to a clean and healthy environment, supporting legal action when that right is violated, whether this be by government action or inaction.\" Macy and multiple young testifiers cited nitrate contamination of groundwater and higher pediatric cancer rates in Nebraska as motivating concerns. Macy said that in other states the amendment has been used to press for enforcement and additional regulation; she also told senators that states adopting similar language have not seen a wave of frivolous lawsuits.

Students and youth-led groups comprised a substantial portion of the in-person proponents. Evalina Sain, on behalf of Students for Sustainability, linked the amendment to economic opportunities and workforce retention, arguing it could spur job growth in clean energy and related fields. Several young testifiers described local experiences: Mia Prales and other witnesses argued that meatpacking and livestock facilities contribute to local air and water impacts in communities such as South Omaha and Lexington; they cited published analyses querying pollutant discharges and said vulnerable, often low-income communities disproportionately bear pollution burdens.

Public-health testimony emphasized potential health harms from environmental contamination. Dr. David Corbin, a public-health professor emeritus, told the committee the amendment would allow governments to avoid environmental degradation rather than respond after harms occur; he cited a statewide climate-related grant award of $307,000,000 and called for investments that also protect low-income and underserved communities.

Opponents raised legal and fiscal concerns. Attorney David Begley said the amendment would invite lawsuits and attorney-fee awards and called it \"the most extreme and expensive bill that has been ever offered in the Unicam.\" Begley warned that environmental groups would litigate against the state; he urged caution on potential fiscal exposure. Other neutral or skeptical testifiers urged specificity to avoid unintended consequences and flagged vague language as a risk.

A neutral witness identified herself as representing \"Nebraskans Against Government Overreach\" and recommended the committee examine state statutes on weather-modification contracting; she said the amendment’s wording was too vague and could be abused. Committee staff reported an on-line tally at the close of the hearing of 138 proponents, 9 opponents and 1 neutral comment.

Committee discussion touched on standing, remedies, and drafting choices. Several senators asked whether the amendment would create a private cause of action and how courts would define terms such as \"clean water\" or \"pure water.\" Dungan and supporters said the provision is intended to provide judicially enforceable protections against unconstitutional government action and that courts would draw definitions from case law; supporters pointed to successful litigation in Montana and Hawaii and to Held v. Montana and other precedents as illustrative. Opponents disagreed on likely litigation outcomes and budgetary exposure.

Why it matters: LR22CA would place environmental protections in the Nebraska Constitution’s Bill of Rights and could change how state and local government decisions are litigated and reviewed. Supporters say the amendment would protect drinking water, public health and future generations; opponents warn of litigation and fiscal implications. The committee closed testimony with the tally and reserved deliberation on next steps.

No committee vote on LR22CA was recorded in the transcript provided; the hearing concluded with Senator Dungan closing and committee staff reporting the online testimony counts.","mediaType","Video","parentTitle","Natural Resources Committee - 2/26/2025","oneSentenceSummary","Senator George Dungan introduced LR22CA — the proposed Nebraska \"Green Amendment\" — and the Natural Resources Committee heard extensive testimony from youth activists, public-health experts, environmental groups, faith leaders and critics about whether a constitutional right to a clean and healthy environment should be added to the state constitution.","taxTitle","2025 Legislature NE, Nebraska","taxId",77675,"location","Nebraska","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6304092,"Nebraska Ethanol Board nominee Randy Gard stresses blending, export risks at confirmation hearing",733,236000,969000,"/Search/View?dp=1&key=2469086-30c7889d061c4f934c64e02d91beae08&start=236&end=969","https://assets.pipeline.soar.com/2469086-30c7889d061c4f934c64e02d91beae08/thumbnail_236000.jpg","/articles/6304092/Nebraska/Nebraska-Ethanol-Board-nominee-Randy-Gard-stresses-blending-export-risks-at-confirmation-hearing","https://secure.pipeline.soar.com/6304092-9d057980c978f0f08af72d4b43bb5384/orig.mp4?Expires=1771100847&Signature=N8VVS3xDlRY8kq59YPQmDBGMyAN5zWApPWcK-12awvxh3EPOl~2G1qJJU0WFAwT~LlFdns2n0Q~yHfUXYXkhn1OUC6rNAcBS5Th1abX609~72iKaF3xc0eR8Mc-O6FZTCpkCoSQB5stDfb0lTGdrvX9Z~Igx8o4wbtUuzVXJuGcgwu0ga9MdfPKJpm655u~9culV5X7nVx2uJLTG-XWBFZyIiRN4GImTpDkgbzp3XYnz3iwYcvyk6gAYz3RUBuhw2Md4ptAhgPeRdhp4v~ksCfLAny~DMF-7T663mKictYGvII6kHdIZUnZ6Jdb1~-sI~uwSUGCPMDcl90NZu4lwig__&Key-Pair-Id=KUT5TJCACFTXG","Randy Gard, the petroleum representative nominee for reappointment to the Nebraska Ethanol Board, told the Natural Resources Committee that Nebraska is the nation’s second-largest ethanol producer and that federal policy decisions could sharply affect blending economics and exports.

Gard, chief operating officer of Bossman Enterprises, gave the committee a brief overview of Nebraska’s ethanol sector and the board’s role in promoting ethanol production and consumption. \"Nebraska is the second largest ethanol producing state in the nation, only second to Iowa,\" Gard said, and he described about \"24 ethanol plants in Nebraska that produce just north of 2,000,000,000 gallons of ethanol per year,\" which he said \"equates to over 8,000 jobs in the state.\"

The nominee and industry witnesses told senators they worry about two federal threats. Gard said small refinery waivers issued by the U.S. Environmental Protection Agency (EPA) can collapse the market value of a Renewable Identification Number (RIN) attached to a gallon of ethanol, changing blending economics; he warned that could make higher blends less competitive. He also said proposed tariffs on exports could \"change the pricing of our product and could significantly hurt our ability to export ethanol to either border.\" Ben Rhoades, interim executive director of the Nebraska Ethanol Board, seconded Gard’s view and described Gard as \"one of the most active members of our board\" and credited his work expanding retail access to E15 fuel.

Renewable Fuels Nebraska Executive Director Dawn Caldwell also supported Gard’s reappointment, saying his retail perspective helps create markets for higher ethanol blends and that he is engaged in board research and promotion programs.

Committee members asked Gard technical and policy questions. Senator Margo Juarez asked whether Gard had concerns about the current federal administration’s renewable-energy and electric-vehicle policies; Gard replied that uncertainty in Washington, D.C., was “a lot of uneasiness” and pointed to the effects of small refinery waivers on RIN values and blending economics. Senator Raimo asked about tariffs and exports; Gard said Nebraska produces enough ethanol to supply the state and to export surplus, and that tariffs would \"change the pricing of our product.\" Senator Barry DeKay asked whether the board deals with biodiesel; Gard said the Nebraska Ethanol Board does not and described retail-level biodiesel blending and the temperature constraints that affect biodiesel blends.

A single member of the public spoke in opposition. Nancy Packard told the committee she had observed reduced mileage when using ethanol blends, expressed concern about aquifer use and long-term food sustainability, and said she opposed Gard's reappointment. Committee clerks corrected her testifier designation from proponent to opponent when she noted the error on her sheet.

The committee closed Gard’s hearing after proponents and opponents spoke and committee members asked questions. No formal committee vote was recorded in the hearing transcript provided.

Why it matters: The Nebraska Ethanol Board advises and promotes the state’s ethanol industry; members representing producers, retailers and agriculture influence research, market development and state testing programs for higher blends. Federal policy changes—EPA waivers, RIN market shifts, and trade tariffs—can affect local retail prices, blending incentives and export markets, with downstream effects on Nebraska farmers and fuel retailers.","Randy Gard, reappointment nominee to the Nebraska Ethanol Board, told the Natural Resources Committee the state's ethanol industry supports thousands of jobs and faces federal policy risks including small refinery waivers and tariffs. Industry groups backed his reappointment; one member of the public opposed on water-quality grounds.","actionData","errors"]

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Natural Resources Committee hears ‘Green Amendment’ (LR22CA); supporters cite water and youth, opponents warn of litigation risk

Nebraska Ethanol Board nominee Randy Gard stresses blending, export risks at confirmation hearing