Committee raises proposed constitutional amendment on environmental rights over objections about legal risks

Government Administration and Elections Committee · February 20, 2026

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Summary

The committee voted to raise a resolution to put a constitutional amendment on environmental rights (clean air and water) into drafting. Senator Sampson warned it could invite litigation and shift policymaking to courts rather than elected lawmakers.

The Government Administration and Elections Committee voted to raise Item 25, a proposed constitutional amendment to enshrine environmental rights — such as rights to clean air and clean water — in the state constitution.

Senator Sampson voiced strong cautions during discussion, saying the idea is "very well meaning" but warned it could open broad litigation channels and "be ready made for the trial lawyers of the state to get very, very wealthy without solving anything." He said the proposal could shift policy decisions from elected representatives to judges and urged narrowing language to a workable framework.

The clerk conducted a roll-call vote on Item 25; the motion to raise the concept advanced to drafting. Senator Sampson recorded a "no" vote on the concept and said the bill should be narrowed to avoid unintended consequences, including private lawsuits against government entities and private parties.

Committee members noted they have debated similar proposals in prior cycles; raising the concept allows staff to draft specific language that the committee and stakeholders can review at public hearing.