New Jersey voters may soon decide whether they have a right to a clean environment

Democratic state Sen. Linda Greenstein, sponsor of the bill, said it would guarantee the fundamental parts of a healthy daily life.

“That means clean water to drink, clean air to breathe and enjoyment of our natural spaces, constitutionally guaranteed to every New Jerseyan today and tomorrow,” she said. “These things should not be considered a privilege afforded to some.”

But the bill does not spell out how the law would work in practice. It designates no entity as the enforcer of the law or the adjudicator of disputes regarding it. That would appear to leave the court system as the main avenue for those who feel aggrieved.

“It would wind up in front of a judge,” Greenstein acknowledged, although she said some preliminary steps including mediation could also be used.

She said lawmakers may need to add language spelling out how the law would work and be enforced.

Ray Cantor, of the New Jersey Business and Industry Association, said the law could have unintended consequences. He said it could enable people who oppose offshore wind power projects to challenge them in court.

“Our concern is many don’t understand the ramifications of this resolution,” he said.

Greenstein and officials with several environmental groups said they do not consider that likely.

The measure would decree that “the state’s natural resources, among them its waters, air, flora, fauna, climate, and public lands, are the common property of all the people, including both present and future generations. The state shall serve as trustee of these resources, and shall conserve and maintain them for the benefit of all people.”

But Bill Wolfe, a former official with the state Department of Environmental Protection and a frequent critic of the agency, said the state already is the trustee of those resources under the Public Trust Doctrine, a legal concept dating back to the Roman Empire that the state has adopted in other areas, including access to beaches and waterways.

“The bill is deeply flawed, and I believe it is more performative than a serious effort,” he said.

Doug O’Malley, of Environment New Jersey, called the bill “the fire axe behind glass that you break in case of emergency.”

“You don’t use it every day, but it’s good to know you have it there in case you need it,” he said.

He and others said they do not expect a flood of litigation as a result of the new law, citing the experiences of other states that have enacted similar provisions.

Several measures have been added to the bill through amendments, including adding “a safe climate” to the list of protected resources, and adding environmental justice concerns to it, according to Democratic Sen. Bob Smith, chairman of the senate committee that advanced the bill on Thursday.

It still requires multiple levels of approval before being placed on the November ballot.