Natural Resources Committee
February 26, 2025
Committee Chair: Sen. Tom Brandt | Bills Heard: 1 | Full Transcript (PDF)
LR22CA: Nebraska Green Amendment - Constitutional amendment establishing the right to a clean and healthy environment
Introduced by: Sen. George Dungan | Testimony: 138 proponents, 9 opponents, 1 neutral | Read bill text (PDF)
Youth-led environmental movement pushes Nebraska to adopt constitutional 'Green Amendment' guaranteeing right to clean air and water. The Natural Resources Committee heard overwhelming support for LR22CA, a proposed constitutional amendment modeled on similar provisions in Montana, Pennsylvania, and New York. The amendment would establish a state trustee duty to protect the environment and allow individuals to sue the government for violations—a tool supporters say is essential given decades of inaction on nitrate contamination and industrial pollution.
Why it matters: Nebraska has the seventh-highest pediatric cancer rate in the nation, with studies linking elevated nitrate levels to sevenfold increases in leukemia rates. The amendment could provide accountability where existing EPA and state regulations have failed, particularly in marginalized communities like south Omaha near meatpacking plants. Supporters argue it protects the Ogallala Aquifer and agricultural productivity; opponents warn of litigation costs and vague language.
What they're saying:
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Proponents: "This is not going to be damages and monetary remedies...you're seeking to essentially invalidate a law because it violates the constitution," said Sen. Dungan. Sheridan Macy, an attorney who helped draft the amendment, noted that in states with similar provisions, "no lawsuit that has been brought...has ever been dismissed as frivolous." Youth testified passionately about brain drain and the need for environmental protections to retain talent.
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Opponents: Dave Begley, an attorney, called it "the most extreme and expensive bill ever offered in the Unicameral," predicting massive litigation from environmental groups and attorney's fees that will "skyrocket" the budget deficit. Sen. Hughes pressed on vague definitions: "Do we have a definition of what that is?" for terms like "pure water" and "clean air."
By the numbers: 138 online proponents, 9 opponents, 1 neutral. In states with green amendments, 3-10 cases per year are brought. Nebraska has $2.3 billion in pending water infrastructure requests, one-third addressing nitrate contamination.
What's next: No vote was taken at this hearing. Sen. Dungan indicated this is part of a broader effort that could lead to a ballot initiative if the Legislature fails to act. The committee will likely continue discussions, with potential modifications to language around "pure water" versus "clean water" and harmonization with existing constitutional provisions.
Committee sentiment: Supportive: Sen. Jane Raybould, Sen. Margo Juarez Skeptical: Sen. Jana Hughes, Sen. Steve Clouse Unclear: Sen. Mike Moser, Sen. Barry DeKay, Sen. Danielle Conrad
Sentiment estimated from questions and comments — not stated positions.
Session Notes
The hearing also included three gubernatorial appointments to the Nebraska Ethanol Board and Game and Parks Commission, all of which passed without opposition or significant committee questions. Randy Gard was reappointed to the Nebraska Ethanol Board representing petroleum marketers; Stephen Mossman was appointed to the Game and Parks Commission for Lancaster County (District 8); and Kurt Arganbright was appointed to the Game and Parks Commission for north central Nebraska (District 6). The LR22CA hearing was substantially longer than the appointment hearings, with extensive youth testimony and passionate debate about environmental protection versus regulatory burden. Committee Chair Brandt emphasized decorum, reminding testifiers that verbal outbursts and applause were not permitted.
Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.